Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta Monday, January 9, 2012 and adjourned Thursday, March 29, 2012, volume I

Compiler's Note
The Journal of the House of Representatives for the 2012 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 9 through March 5, 2012. Volume II contains March 7 through March 21, 2012. Volume III contains March 22 through March 29, 2012 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 9, 2012 and adjourned Thursday, March 29, 2012
VOLUME I
2012 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2011-2012
DAVID RALSTON............................................................................................. Speaker 7th DISTRICT, FANNIN COUNTY
JAN JONES.......................................................................................... Speaker Pro Tem 46th DISTRICT, FULTON COUNTY
ROBERT E. RIVERS, JR. ..................................................................................... Clerk HARALSON COUNTY
KRISTY LINDSTROM ..................................................................................Messenger FANNIN COUNTY
PHIL TUCKER ............................................................................................. Doorkeeper DOUGLAS COUNTY
STAFF OF CLERK'S OFFICE
CHRISTEL RAASCH..............................................................................Assistant Clerk GWINNETT COUNTY
SCOTTY LONG ........................................................................................ Journal Clerk HARALSON COUNTY
MARY ANNA MEEKS..................... Calendar Clerk and Assistant Clerk for Indexing FULTON COUNTY
CALVIN ROBINSON .........................................................Assistant Clerk for Printing DEKALB COUNTY
JESSICA COKER .......................................................................Assistant Journal Clerk WALTON COUNTY
MICHAEL BOZEMAN .....................................................Assistant Clerk for Enrolling COBB COUNTY
MORGAN WALSH ........................................ Assistant Clerk for Information Systems FULTON COUNTY
SARA RELAFORD ......................................................... Assistant Clerk for Bill Status DEKALB COUNTY
CARRIE HUTCHERSON ........................Assistant Clerk for Roll Call Operations and Administrative Services
FULTON COUNTY

MONDAY, JANUARY 9, 2012

1

Representative Hall, Atlanta, Georgia

Monday, January 9, 2012

First Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following communications were received:

House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334

MEMORANDUM

TO:

THE HONORABLE NATHAN DEAL

GOVERNOR

FROM: REPRESENTATIVE JAMES MILLS

Dear Governor Deal:

I have been blessed by God and the people of Hall County to be allowed to serve in the position of State Representative for the past 19 years, and I am so grateful. It is time for me now to respectfully submit my resignation from the office of State Representative of the 25th District. It has been an honor to serve, and I will always treasure my friends and time in the House. My resignation will be effective October 1, 2011.

In God We Trust

James Mills

Cc: The Honorable David Ralston The Honorable Robert Rivers

House of Representatives Coverdell Office Building, Room 607
Atlanta, Georgia 30334

September 21, 2011

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JOURNAL OF THE HOUSE

The Honorable Nathan Deal Governor of Georgia 203 State Capitol Atlanta, Georgia 30334
Dear Governor Deal,
Due to the vacancy in the State Senate, District 50, created by the Honorable Jim B. Butterworth's acceptance of your Call to lead our Georgia National Guard as our next Adjutant General, it is my honor to inform you of my intent to seek that office.
As such, I hereby submit my resignation from the Georgia House of Representatives, District 10, effective immediately. This resignation is contingent upon your formal acceptance of the resignation of Senator Butterworth from the State Senate.
It has been one of my highest honors to serve the people of the 10th House District! Certainly, I have made great friends and lasting relationships as we have worked together to make Georgia a better place for all Georgians. I look forward to the opportunity to continue serving the people of the 50th Senate District and our great state! May God bless you and our state and you continue to lead!
With Highest Regard,
/s/ Rick Austin Representative Rick Austin
Cc: The Honorable David Ralston Speaker of the House
State of Georgia Office of the Governor Atlanta 30334-0900
September 28, 2011
The Honorable James W. Mills Representative, District 25 2948 Kilgore Falls Drive Gainesville, Georgia 30507
Dear Representative Mills:

MONDAY, JANUARY 9, 2012

3

Thank you for the service you have rendered as the Representative of District 25 in the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective October 1, 2011.
Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service on behalf of the citizens of the 25th District and the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rg
cc: The Honorable David Ralston, Speaker of the Georgia House of Representatives The Honorable Brian Kemp, Secretary of State The Honorable Robbie Rivers, Clerk of the Georgia House of Representatives
State of Georgia Office of the Governor Atlanta 30334-0900
September 28, 2011
The Honorable Rick Austin Representative, District 10 1590 Double Springs Road Demorest, Georgia 30535
Dear Representative Austin:
Thank you for the service you have rendered as the Representative of District 10 in the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective September 21, 2011.
Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service on behalf of the citizens of the 10th District and the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rg

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cc: The Honorable David Ralston, Speaker of the Georgia House of Representatives The Honorable Brian Kemp, Secretary of State The Honorable Robbie Rivers, Clerk of the Georgia House of Representatives

The State of Georgia Office of Secretary of State

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that

the attached page lists the results as shown on the consolidated returns on file with this office for the Special Election Runoff held on the 18th day of October 2011 in District 43 for State Representative in Cobb County, to fill the vacancy created by the Honorable Robert Franklin.

Having received a majority of votes cast, John K. Carson, Jr. was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 24th day of October, in the year of our Lord Two Thousand and Eleven and of the Independence of the United States of America the Two Hundred and Thirty-Sixth.

(SEAL)

/s/ Brian P. Kemp Brian P. Kemp, Secretary of State

Official Election Results October 18, 2011 Special Election

STATE REPRESENTATIVE, DISTRICT 43

COBB John Carson Robert Lamutt

Votes
1,250 670
Votes For Seat In County: 1,920

% Votes
65.10 34.90

Total Votes For Seat: 1,920

MONDAY, JANUARY 9, 2012

5

John Carson Robert Lamutt

Total Votes For Seat:

Votes 1,250
670 1,920

% Votes 65.10 34.90

1,920

House of Representatives 401 State Capitol Building
Atlanta, Georgia 30334

October 24, 2011

The Honorable Nathan Deal Governor, State of Georgia State Capitol Atlanta, GA 30334

Dear Governor Deal:

I herewith submit my resignation, effective October 31, 2011, from my position as the State Representative from House District 68. It was a true honor to have been elected to this position and to serve the citizens of the 68th for over seven years as a member of the Georgia House of Representatives. As you are aware, my resignation is due to your decision to nominate me to the position of Director of the Georgia Public Safety Training Center, a post I look forward to assuming on November 1, 2011.

As Chairman of the House Public Safety and Homeland Security, it has been a distinct privilege to work with the law enforcement community as it sought ways to better protect the citizens of our great state. I look forward to continuing this effort in this new capacity as the Director of the Georgia Public Safety Training Center.

Sincerely,

/s/ Timothy J. Bearden State Representative District 68

cc: Honorable David Ralston, Speaker of the House Honorable Robbie Rivers, Clerk of the Georgia House of Representatives Ms. Robyn Underwood, Legislative Fiscal Officer Honorable Brian Kemp, Secretary of State

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State of Georgia Office of the Governor Atlanta 30334-0900
October 28, 2011
The Honorable Tim Bearden Representative, District 68 Georgia House of Representatives P.O. Box 148 Villa Rica, Georgia 30180
Dear Representative Bearden:
Thank you for the service you have rendered as the Representative of District 68 in the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective October 31, 2011.
Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service on behalf of the citizens of the 68th District and the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rg
cc: The Honorable David Ralston, Speaker of the Georgia House of Representatives The Honorable Brian Kemp, Secretary of State The Honorable Robbie Rivers, Clerk of the Georgia House of Representatives
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 68 has become vacant due to the resignation of Representative Timothy J. Bearden.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the

MONDAY, JANUARY 9, 2012

7

Secretary of State for a special election to be held on Tuesday, December 6, 2011, to fill the vacancy in District 68 of the Georgia House of Representatives.
This 31st day of October, 2011.
/s/ Nathan Deal Governor
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 43 GEORGIA HOUSE OF REPRESENTATIVES
I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
SO HELP ME GOD.
LOYALTY OATH
I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD.
/s/ John K. Carson, Jr. STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 1st day of November, 2011.

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/s/ C. LaTain Kell Judge, Superior Court of Cobb County

The State of Georgia Office of Secretary of State

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that

the attached page lists the results as shown on the consolidated returns on file with this office for the Special Election held on the 8th day of November 2011, in District 10 for State Representative in Habersham and White County, to fill the vacancy created by the Honorable Rick Austin.

Having received a majority of votes cast, Terry Rogers was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 16th day of November, in the year of our Lord Two Thousand and Eleven and of the Independence of the United States of America the Two Hundred and Thirty-Sixth.

(SEAL)

/s/ Brian P. Kemp Brian P. Kemp, Secretary of State

Official Election Results November 8, 2011 Special Election

STATE REPRESENTATIVE, DISTRICT 10

HABERSHAM J. Bruce Harkness, Sr. Lori Duke Jones Terry Rogers Votes For Seat In County:

Votes
1,237 724
3,043 5,004

% Votes
24.64 14.42 60.62

WHITE J. Bruce Harkness, Sr. Lori Duke Jones Terry Rogers

159

18.64

138

16.18

551

64.60

MONDAY, JANUARY 9, 2012

9

Votes For Seat In County: 848

Total Votes For Seat: 5,852

J. Bruce Harkness, Sr. Lori Duke Jones Terry Rogers
Total Votes For Seat:

Votes 1,396
862 3,594 5,852

% Votes 23.86 14.73 61.41

5,852

OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE

HOUSE DISTRICT 10 GEORGIA HOUSE OF REPRESENTATIVES

I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.

I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.

SO HELP ME GOD.

LOYALTY OATH

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

SO HELP ME GOD.

/s/ Terry Rogers STATE REPRESENTATIVE

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Sworn to and subscribed before me,
This 18th day of November, 2011.
/s/ David Nahmias Justice, Supreme Court of Georgia
230 Tonawanda Drive, SE Atlanta, Georgia 30315
December 5, 2011
Governor Nathan Deal Office of the Governor State of Georgia 203 Capitol Atlanta, Georgia 30334
Dear Governor Deal:
Please accept this letter as notice of my resignation from my position as State Representative for House District 60. My last day of employment will be December 6, 2011. While I am currently out of town, my intention is to return all State property no later than December 13, 2011.
It has been an honor to serve the citizens of House District 60 and the State of Georgia.
Sincerely,
/s/ Gloria Bromell Tinubu Gloria Bromell Tinubu, Ph.D
Cc: David Ralston, Speaker Stacey Abrams, Minority Leader
State of Georgia Office of the Governor Atlanta 30334-0900
December 8, 2011
The Honorable Gloria Bromell Tinubu Representative, District 60

MONDAY, JANUARY 9, 2012

11

Georgia House of Representatives 230 Tonawanda Drive, S.E. Atlanta, Georgia 30315
Dear Representative Tinubu:
Thank you for the service you have rendered as the Representative of District 60 in the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective December 6, 2011.
Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service on behalf of the citizens of the 60th District and the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rg
cc: The Honorable David Ralston, Speaker of the Georgia House of Representatives The Honorable Brian Kemp, Secretary of State The Honorable Robbie Rivers, Clerk of the Georgia House of Representatives
The State of Georgia Office of Secretary of State
I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that
the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 6th day of December 2011, in District 25 for State Representative in Hall County to fill the vacancy created by the Honorable James Mills.
Having received a majority of votes cast, Emory W. Dunahoo, Jr. was duly elected to this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 12th day of December, in the year of our Lord Two Thousand and Eleven and of the Independence of the

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United States of America the Two Hundred and Thirty-Sixth.

(SEAL)

/s/ Brian P. Kemp Brian P. Kemp, Secretary of State

Official Election Results December 6, 2011 Special Election

STATE REPRESENTATIVE, DISTRICT 25

HALL Bobby Banks Emory West Dunahoo, Jr. Votes For Seat In County:

Votes
933 1,582 2,515

% Votes
37.10 62.90

Total Votes For Seat: 2,515

Bobby Banks Emory West Dunahoo, Jr.
Total Votes For Seat:

Votes 933
1,582 2,515

% Votes 37.10 62.90

2,515

OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE

HOUSE DISTRICT 25 GEORGIA HOUSE OF REPRESENTATIVES

I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.

I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.

MONDAY, JANUARY 9, 2012

13

SO HELP ME GOD.
LOYALTY OATH
I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD.
/s/ Emory W. Dunahoo, Jr. STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 14th day of December, 2011.
/s/ C. Andrew Fuller Judge, Superior Court Northeastern Judicial Circuit
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 60 has become vacant due to the resignation of Representative Gloria Bronell Tinubu.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, February 7, 2012, to fill the vacancy in District 60 of the Georgia House of Representatives.
This 20th day of December, 2011.
/s/ Nathan Deal Governor

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House of Representatives State Capitol Building, Room 417
Atlanta, Georgia 30334
December 21, 2011
The Honorable Nathan Deal Governor, State of Georgia State Capitol Atlanta, GA 30334
Dear Governor Deal:
I herewith submit my resignation, effective December 22, 2011, from my position as the State Representative from House District 107. It was a true honor to have been elected to this position and to serve the citizens of the 107th for over seventeen years as a member of the Georgia House of Representatives. My resignation is due to my appointment as pastor of the Big Canoe Chapel in Big Canoe, Georgia, which will require my family to move from the 107th district.
As Chairman of the House Committee on Higher Education, it has been a distinct privilege to promote and safeguard our state's universities and technical colleges. Educating our state's citizens is a cornerstone of government. I am grateful that I have been able to contribute and serve the citizens of this great state.
Sincerely,
/s/ Len Walker State Representative District 107
cc: Honorable David Ralston, Speaker of the House Honorable Robbie Rivers, Clerk of the Georgia House of Representatives Ms. Robyn Underwood, Legislative Fiscal Officer Honorable Brian Kemp, Secretary of State
State of Georgia Office of the Governor Atlanta 30334-0900
December 22, 2011

MONDAY, JANUARY 9, 2012

15

The Honorable Len Walker Representative, District 107 Georgia House of Representatives 2972 Lake Edmond Road Loganville, Georgia 30052
Dear Representative Walker:
Thank you for the service you have rendered as the Representative of District 107 in the Georgia House of Representatives. I appreciate you apprising me of your resignation, effective December 22, 2011.
Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service on behalf of the citizens of the 107th District and the State of Georgia.
Sincerely,
/s/ Nathan Deal
ND:rg
cc: The Honorable David Ralston, Speaker of the Georgia House of Representatives The Honorable Brian Kemp, Secretary of State The Honorable Robbie Rivers, Clerk of the Georgia House of Representatives
THE STATE OF GEORGIA EXECUTIVE ORDER
BY THE GOVERNOR:
House District 107 has become vacant due to the resignation of Representative Len Walker.
Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, February 7, 2012, to fill the vacancy in District 107 of the Georgia House of Representatives.
This 22nd day of December, 2011.
/s/ Nathan Deal Governor

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

Abdul-Salaam Abrams Allison Amerson Anderson Ashe Atwood Baker Battles E Beasley-Teague Bell Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V E Coleman Collins Cooke Coomer

Cooper E Crawford
Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Dollar Drenner Dudgeon Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Floyd Fludd Frazier Fullerton Gardner Geisinger Golick Gordon Hamilton Hanner Harden, B Harden, M Harrell Hatchett Hatfield

Heard Heckstall Hembree Henson Hill Holcomb Holmes Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jasperse Jerguson E Johnson Jones, J Jones, S Jordan Kaiser Kendrick Knight Lane Lindsey Long Maddox, B Maddox, G Marin Martin E Maxwell

Mayo McBrayer McCall McKillip Meadows Mitchell Morgan Mosby Murphy Neal, J Neal, Y Nimmer Nix O'Neal Pak Parent Parrish Parsons Peake Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders Scott, M Scott, S

Setzler Shaw Sheldon Sims, B Sims, C Smith, K Smith, L Smith, R Smith, T Smyre Spencer Stephens, M Stephens, R E Stephenson Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Watson Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Dukes of the 150th, Greene of the 149th, Harbin of the 118th, Kidd of the 141st, Manning of the 32nd, Morris of the 155th, Oliver of the 83rd, Powell of the 29th, Smith of the 122nd, and Weldon of the 3rd.

They wished to be recorded as present.

Representative Crawford of the 16th was excused on the preceding roll call. He wished to be recorded as present.

Prayer was offered by Dr. Tom Jordan, Senior Pastor, First Baptist Church of Epworth, Epworth, Georgia.

MONDAY, JANUARY 9, 2012

17

The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 658. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provision for damages, so as to change provisions relating to the reduction of earnings to present value; to provide for determining the present value or cost of certain future damages based upon expert testimony; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 659. By Representative Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to

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change provisions relating to hazing; to provide that certain persons convicted of hazing shall not be eligible to attend schools in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 660. By Representatives Smith of the 129th, Taylor of the 173rd, Harden of the 28th and Baker of the 78th:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to ad valorem taxation of conservation use property, so as to provide for certain activities which shall not constitute a breach of a covenant to maintain the property in conservation use; to provide that operation of a commercial hunting preserve shall not constitute a breach; to provide that operation of a choose-and-cut Christmas tree farm shall not constitute a breach; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 661. By Representatives Heard of the 114th and Williams of the 89th:
A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to require that professional personnel in charter schools comply with the same certification requirements as professional personnel in the public schools in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 662. By Representatives Manning of the 32nd and Reece of the 11th:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to enact the "Blind Persons' Braille Literacy Rights and Education Act"; to provide definitions; to require an evaluation of a blind or visually impaired child to determine such child's need for Braille instruction; to require Braille instruction in the individualized education program of a blind or visually impaired student; to provide requirements for textbook publishers relating to Braille instructional materials; to provide license

MONDAY, JANUARY 9, 2012

19

requirements relating to Braille for certain teachers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 663. By Representatives Neal of the 1st, Lindsey of the 54th, Hatfield of the 177th, Benfield of the 85th, Brooks of the 63rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to provide for a definition; to provide for procedure; to provide for individuals who have not been convicted to have their arrest records restricted; to amend Code Section 5-6-34 and Code Section 15-11-83 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable and when a child may be fingerprinted or photographed and confidentiality of information, respectively, so as to provide for and correct a cross-reference; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 665. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend Titles 9, 15, and 44, Chapter 18 of Title 50, and Code Section 36-9-5 of the O.C.G.A., relating to civil practice, courts, property, state printing and documents, and storage of documents, respectively, so as to modernize provisions relating to storage, collection, access, and transmittal of documents housed in clerk of superior court offices; to amend Code Section 1-3-1, Code Section 9-13-142, Title 15, and Title 42 of the Official Code of Georgia Annotated, relating to construction of statutes generally, requirements for an official organ of publication, courts, and penal institutions, respectively, so as to conform provisions and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 666. By Representative Weldon of the 3rd:
A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to licensure and regulation of the practices of electrical contracting, plumbing contracting, low-voltage

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electrical contracting, utility contracting, and conditioned air contracting, so as to create the Division of Roofing Contractors within the State Construction Industry Licensing Board and provide for the licensure and regulation of roofing contractors; to change the statement of legislative purpose and add definitions; to provide for requirements for licensure and prohibit unlicensed performance of roofing contracting; to provide for an effective date and applicability contingent upon funding; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 667. By Representatives Benfield of the 85th, Brooks of the 63rd, Kidd of the 141st and Sims of the 169th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the Agreement Among the States to Elect the President by National Popular Vote; to allow states to join together to establish an interstate compact to elect the president by national popular vote; to provide for the implementation of such compact; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1072. By Representative Crawford of the 16th:
A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the paramount right to life is vested in each human being from the moment of fertilization without regard to age, race, sex, health, function, or condition of dependency; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
HR 1093. By Representatives Marin of the 96th and Mitchell of the 88th:
A RESOLUTION urging local boards of education to apply for federal funding to retrofit school buses with pollution control devices; and for other purposes.
Referred to the Committee on Education.

MONDAY, JANUARY 9, 2012

21

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

HB 644 HB 646 HB 648 HB 650 HB 652 HB 654 HB 656 HB 664 HR 881 SB 268

HB 645 HB 647 HB 649 HB 651 HB 653 HB 655 HB 657 HR 880 HR 977

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

SB 279. By Senators Brown of the 26th and Staton of the 18th:

A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 4991), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to provide for the appointment of certain members of the governing authority and their qualifications and period of service; to provide that the authority shall not exercise any development powers after a certain date; to provide for the payment of a franchise fee; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

The following Resolution of the House was read:

HR 1096. By Representative Ralston of the 7th

A RESOLUTION

To notify the Senate that the House of Representatives has convened; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.

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JOURNAL OF THE HOUSE

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper E Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger
Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jasperse Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin E Maxwell Y Mayo Y McBrayer

Y McCall Y McKillip Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J
Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler Y Shaw

Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution was adopted.

Due to a mechanical malfunction, the vote of Representative Benfield of the 85th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

MONDAY, JANUARY 9, 2012

23

The following Resolution of the House was read:

HR 1097. By Representative Ralston of the 7th

A RESOLUTION

Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Nathan Deal, is hereby invited to address a joint session of the House of Representatives and the Senate at 7:00 P.M., Tuesday, January 10, 2012, in the hall of the House of Representatives.

BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 6:45 P.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.

BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President of the Senate, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.

BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor, to each Justice of the Supreme Court, and to each Judge of the Court of Appeals.

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 Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo

Y Heckstall Y Hembree Y Henson Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix

Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R

24

JOURNAL OF THE HOUSE

Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper E Crawford

Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jackson Jacobs
Y James Y Jasperse Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin E Maxwell Y Mayo Y McBrayer

Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J
Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler Y Shaw

E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Williamson Y Yates Ralston, Speaker

On the adoption of the Resolution, the ayes were 164, nays 0.

The Resolution was adopted.

The following Resolution of the House was read:

HR 1098. By Representative Ralston of the 7th

A RESOLUTION

Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 25, 2012, in the hall of the House of Representatives.

BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice.

MONDAY, JANUARY 9, 2012

25

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

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper E Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill Y Holcomb
Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin E Maxwell Y Mayo Y McBrayer

Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler Y Shaw

Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Yates Ralston, Speaker

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

The Resolution was adopted.

26

JOURNAL OF THE HOUSE

The following Resolution of the House was read:

HR 1099. By Representative O`Neal of the 146th

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2012 regular session of the General Assembly for the period of Monday, January 9, 2012, through Thursday, January 26, 2012, shall be as follows:
Monday, January 9 ......................................................................in session for legislative day 1 Tuesday, January 10 ....................................................................in session for legislative day 2 Wednesday, January 11 ...............................................................in session for legislative day 3 Thursday, January 12 ..................................................................in session for legislative day 4 Friday, January 13.......................................................................in session for legislative day 5 Saturday, January 14 through Sunday, January 22..............................................in adjournment Monday, January 23 ....................................................................in session for legislative day 6 Tuesday, January 24 ....................................................................in session for legislative day 7 Wednesday, January 25 ...............................................................in session for legislative day 8 Thursday, January 26 ..................................................................in session for legislative day 9

BE IT FURTHER RESOLVED that on and after January 26, 2012, the periods of adjournment of the 2012 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

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 Atwood Y Baker Y Battles E Beasley-Teague

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon

Y Heckstall Y Hembree Y Henson Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard

Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y

Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer

MONDAY, JANUARY 9, 2012

27

Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper E Crawford

Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin E Maxwell Y Mayo Y McBrayer

Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler Y Shaw

Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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

The Resolution was adopted.

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

Representatives Atwood of the 179th, Lane of the 167th, Hatfield of the 177th, Spencer of the 180th, Neal of the 1st, Williams of the 4th, Sims of the 169th, and Wilkinson of the 52nd.

The following Resolutions of the House were read and adopted:

HR 1100. By Representatives Dudgeon of the 24th, Riley of the 50th, Geisinger of the 48th, Taylor of the 79th, Benton of the 31st and others:

A RESOLUTION recognizing student leaders at Georgia Tech and welcoming them for Georgia Tech Student Day at the capitol; and for other purposes.

HR 1101. By Representatives Holt of the 112th, Welch of the 110th, Dickerson of the 95th and Davis of the 109th:

28

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Covington Fire Chief Don Floyd on the occasion of his retirement; and for other purposes.
HR 1102. By Representative Lindsey of the 54th:
A RESOLUTION recognizing and commending University of Georgia's Amazing Student Adria Thorington; and for other purposes.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 642. By Senators Williams of the 19th, Rogers of the 21st and Chance of the 16th:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.
The President has appointed as a Committee of Notification the following Senators: Miller of the 49th, Chance of the 16th, Jackson of the 24th, Crane of the 28th, Paris of the 26th, Wilkinson of the 50th, and Hooks of the 14th.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 643. By Senators Williams of the 19th, Rogers of the 21st and Balfour of the 9th:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1097. By Representative Ralston of the 7th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting

MONDAY, JANUARY 9, 2012

29

the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
The President has appointed as a Committee of Notification/Escort the following Senators: Miller of the 49th, Chance of the 16th, Jackson of the 24th, Stoner of the 6th, Hamrick of the 30th, Mullis of the 53rd, and Unterman of the 45th.
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 1096. By Representative Ralston of the 7th:
A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes.
HR 1098. By Representative Ralston of the 7th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 38. By Senators Rogers of the 21st and Millar of the 40th:
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 authority for the State School Superintendent to employ and dismiss employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1099. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.

30

JOURNAL OF THE HOUSE

The Senate has agreed to the House substitute to the following bill of the Senate:
SB 184. By Senators Williams of the 19th, Rogers of the 21st and Albers of the 56th:
A BILL to be entitled an Act to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to termination, suspension, nonrenewal, demotion, or reprimand of teachers and other school personnel, so as to provide requirements for reduction in force policies; to provide for sanctions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following communications were received:
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
January 6, 2012
Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
The following changes were made to House Committees.
Appropriations Doug Collins Remove as Secretary...remains member Matt Ramsey Secretary Randy Nix New member (Higher Ed subcommittee)
Appropriations Subcommittee on Economic Development Penny Houston Vice Chairman Carl Rogers Remove Allen Peake New member
Appropriations Subcommittee on Education Margaret Kaiser Secretary Jay Neal Remove Ed Lindsey New member

MONDAY, JANUARY 9, 2012

31

Appropriations Subcommittee on General Government Allen Peake Remove
Appropriations Subcommittee on Human Resources Katie Dempsey Vice Chairman
Appropriations Subcommittee on Higher Education Randy Nix New member Carl Rogers New member
Appropriations Public Safety Subcommittee Ann Purcell New member Jay Neal New member Doug Collins New member
Banks and Banking Committee Emory Dunahoo New member
Defense & Veterans Affairs Committee Terry Rogers New member
Economic Development and Tourism Committee Terry Rogers New member
Energy, Utilities and Telecommunications Committee John Carson New member
Game, Fish and Parks Committee Stephen Allison Vice Chair Jimmy Pruett Secretary Emory Dunahoo New member
Higher Education Committee Carl Rogers Chairman
Human Relations and Aging Committee Tommy Benton Chairman Tom Dickson Secretary Terry Rogers New member Ann Purcell (still a member)
Information and Audits Committee Emory Dunahoo New member

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JOURNAL OF THE HOUSE

Insurance Committee John Carson New member
Intragovernmental Coordination Committee John Carson New member
Public Safety Committee Ann Purcell Chairman
Rules Committee Richard Smith Secretary Barbara Sims New member Allen Peake New member
Science & Technology Committee Barbara Sims New member
Small Business Development and Job Creation Billy Horne Vice chairman Alan Powell Co-Secretary Barbara Sims Remove
Transportation Committee Carl Rogers Remove
If you have any questions, please feel free to contact me.
Sincerely,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
DR/dh
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
January 6, 2012

MONDAY, JANUARY 9, 2012

33

Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
The following committees were assigned to newly elected James Beverly.
Health and Human Services Special Committee on Small Business Development Information and Audits Children and Youth
If you have any question, please feel free to contact me.
Sincerely,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
DR/dh
cc: Clerk's Office Representative Committee Office
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
January 6, 2012
Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
The following committees were assigned to newly elected John Carson.

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JOURNAL OF THE HOUSE

Insurance Energy, Utilities and Telecommunications Intragovernmental Coordination
If you have any question, please feel free to contact me.
Sincerely,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
DR/dh
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
January 6, 2012
Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
The following committees were assigned to newly elected Emory Dunahoo.
Banks and Banking Game, Fish and Parks Information and Audits
If you have any question, please feel free to contact me.
Sincerely,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
DR/dh

MONDAY, JANUARY 9, 2012

35

House of Representatives 332 State Capitol
Atlanta, Georgia 30334
January 6, 2012
Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
The following committees were assigned to newly elected Dusty Hightower.
Judiciary (NC) Governmental Affairs Intragovernmental Coordination
If you have any question, please feel free to contact me.
Sincerely,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
DR/dh
cc: Clerk's Office Representative Committee Office
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
January 6, 2012
Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334

36

JOURNAL OF THE HOUSE

Dear Robyn:
The following committees were assigned to newly elected Terry Rogers.
Economic Development Defense and Veterans Affairs Human Relations and Aging
If you have any question, please feel free to contact me.
Sincerely,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
DR/dh
cc: Clerk's Office Representative Committee Office
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
January 6, 2012
Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
The following committees were assigned to newly elected Chuck Williams.
Higher Education Natural Resources and Environment Children and Youth Information and Audits
If you have any question, please feel free to contact me.

MONDAY, JANUARY 9, 2012

37

Sincerely,

/s/ David Ralston David Ralston, Speaker Georgia House of Representatives

DR/dh

cc: Clerk's Office Representative Committee Office

The State of Georgia Office of Secretary of State

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that

the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 3rd day of January 2012, in District 68 for State Representative in Carroll and Douglas Counties to fill the vacancy created by the Honorable Tim Bearden.

Having received a majority of votes cast, Dustin Wayne Hightower was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 9th day of January, in the year of our Lord Two Thousand and Twelve and of the Independence of the United States of America the Two Hundred and Thirty-Sixth.

(SEAL)

/s/ Brian P. Kemp Brian P. Kemp, Secretary of State

Official Election Results January 3, 2012 Special Election

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JOURNAL OF THE HOUSE

STATE REPRESENTATIVE, DISTRICT 68

CARROLL Dustin "Dusty" Hightower Alan Martinez Votes For Seat In County:

Votes
1,210 965
2,175

% Votes
55.63 44.37

DOUGLAS

Dustin "Dusty" Hightower

50

Alan Martinez

48

Votes For Seat In County: 98

51.02 48.98

Total Votes For Seat: 2,273

Dustin "Dusty" Hightower Alan Martinez
Total Votes For Seat:

Votes 1,260 1,013 2,273

% Votes 55.43 44.57

2,273

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 9, 2012

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 3RD CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 3RD CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 3rd Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on January 25, 2012, at 2:00 P.M.

MONDAY, JANUARY 9, 2012

39

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

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

WRA:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 9, 2012

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 8TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 8TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 8th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on January 25, 2012, at 3:00 P.M.

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

Sincerely,

/s/ Wayne R. Allen Legislative Counsel

40

JOURNAL OF THE HOUSE

WRA:dd
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, JANUARY 10, 2012

41

Representative Hall, Atlanta, Georgia
Tuesday, January 10, 2012
Second Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The following communication was received:
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 68 GEORGIA HOUSE OF REPRESENTATIVES
I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
SO HELP ME GOD.
LOYALTY OATH
I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD.
/s/ Dustin W. Hightower STATE REPRESENTATIVE

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JOURNAL OF THE HOUSE

Sworn to and subscribed before me,

This 10th day of January, 2012.

/s/ John Simpson Judge, Carroll County Superior Court

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

Abrams Allison Amerson Anderson Ashe Atwood Baker Battles E Beasley-Teague Bell Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Byrd Carson Carter Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Coomer Cooper E Crawford

Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans E Floyd Fludd Frazier Geisinger Gordon Greene Hamilton Hanner Harden, B Harden, M Harrell Hatchett Hatfield E Heard Heckstall Hembree E Henson

Hightower Hill Holcomb Holmes Holt Horne Houston Howard Hugley Jackson Jacobs James Jasperse Jerguson E Johnson Jones, J Jones, S Jordan Kaiser Kendrick Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Manning Martin Maxwell Mayo McBrayer

McCall McKillip Meadows Mitchell Morgan Morris Mosby Murphy Neal, J Neal, Y Nimmer Nix Oliver O'Neal Pak E Parent Parrish Parsons Peake Powell, A Powell, J E Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders

Scott, M Scott, S Shaw Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R E Smith, T Spencer Stephens, M Stephens, R E Stephenson Talton E Tankersley Taylor, D Taylor, T Teasley Thomas Watson Welch Wilkerson Wilkinson E Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Abdul-Salaam of the 74th, Casas of the 103rd, Dobbs of the 53rd, Dollar of the 45th, Fullerton of the 151st, Gardner of the 57th, Golick of the 34th, Hudson of the 124th, Marin of the 96th, Setzler of the 35th, Taylor of the 173rd, and Weldon of the 3rd.

They wished to be recorded as present.

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Prayer was offered by Dr. George S. Dillard, Senior Minister, Peachtree City Christian Church, Peachtree City, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 668. By Representatives Spencer of the 180th, Willard of the 49th, Braddock of the 19th, Houston of the 170th, Atwood of the 179th and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, so as to define certain terms; to provide that the Department of Human Services shall create an established drug test to be administered to each applicant for temporary assistance for needy families; to provide requirements; to provide that each applicant shall undergo a drug test in order to qualify for benefits; to provide that any person who fails such drug test shall be ineligible to receive benefits; to provide for reapplication; to provide for children's benefits; to provide for confidentiality of records; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 673. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to enact "Georgia's Return to Play Act of 2012"; 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 establish a return to play policy for student athletes suffering from concussions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 675. By Representatives Cooper of the 41st, Harden of the 147th, Wilkinson of the 52nd, Kaiser of the 59th, Watson of the 163rd and others:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the definitions of "approved nursing education programs" for registered professional nurses and licensed practical nurses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 679. By Representatives Spencer of the 180th, Byrd of the 20th, Cooke of the 18th and Braddock of the 19th:
A BILL to enact the "Georgia Constitutional Carry Act of 1012"; to amend Titles 12,16,27 and 40 of the O.C.G.A., so as to revise certain laws regarding the carrying of firearms; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 683. By Representatives Willard of the 49th, Smith of the 131st, Welch of the 110th, McCall of the 30th and Dickey of the 136th:
A BILL to be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of certain garnishees may be done by authorized officers or employees and shall not constitute the practice of law; to provide for definitions; to provide that delivery to the court of money or property that is subject to garnishment may likewise be accomplished by certain officers or employees of an entity; to conform the terminology of the chapter to reflect defined terms; to change provisions relating to service of garnishment actions; to increase the amount of

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attorney's fees a garnishee may deduct from the sums paid into court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 685. By Representatives Maddox of the 172nd, Black of the 174th, Atwood of the 179th, Shaw of the 176th, Taylor of the 173rd and others:
A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to extensively revise provisions relating to dogs and especially provisions relating to dangerous and vicious dogs; to define and redefine terms; to provide for liability for injuries and damage caused by dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for a conforming amendment; to state legislative intent; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 687. By Representatives Taylor of the 79th, Riley of the 50th, Cooke of the 18th and Atwood of the 179th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 688. By Representative Holt of the 112th:
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 jurisdiction of the Georgia Public Service Commission; to provide that a subsidiary corporation of an electric membership corporation exercising the power of eminent domain shall submit a plan to the local governing authority; to provide for the approval or rejection of such

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submission; to provide for binding arbitration; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 689. By Representatives Horne of the 71st and Smith of the 70th:
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, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize local boards of education to provide health insurance benefits to members leaving office on or after a specified date if such members have served on the board for at least 12 years; to provide that such former members shall pay the entire cost of the health insurance coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 690. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3809), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 691. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to amend Code Section 16-2-21 of the Official Code of Georgia Annotated, relating to prosecution of parties who did not directly commit the crime, so as to provide for a new criminal offense of failure to report a crime; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 692. By Representative Mitchell of the 88th:
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 the automatic decrease in the salary of a teacher or other certificated professional personnel for any salary increase or bonus provided based, in whole or in part, on the results of standardized test scores which were falsified or known or caused to be falsified by such teacher or professional; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 693. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act for the election and creation of a board of commissioners for Screven County, approved December 9, 1871 (Ga. L. 1871-72, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), by an Act approved August 16, 1915 (Ga. L. 1915, p. 345), by an Act approved April 3, 1972 (Ga. L. 1972, p. 3495), and by an Act approved April 1, 2002 (Ga. L. 2002, p. 3650), so as to provide for the election of members of the board of commissioners of Screven County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 694. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3701), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3801), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 695. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for disabled veterans, so as to allow for veterans deemed 60 percent disabled to qualify for a free license plate and annual revalidation decal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 696. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veterans, so as to provide that a veteran with a total or partial disability shall be entitled to such free license plates and revalidation decals; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 697. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to unemployment compensation benefits, so as to require random drug testing as a condition of continuing unemployment compensation benefits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 698. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to public assistance, so as to require random drug testing for recipients of certain public assistance; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 699. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to public assistance, so as to require drug testing for applicants of certain public assistance; to require the Department of Human Services to implement and maintain such program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 700. By Representatives Purcell of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 701. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 702. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th:
A BILL to be entitled an Act to amend an Act providing a board of education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved March 18, 2002 (Ga. L. 2002, p.

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3600), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 1094. By Representatives Riley of the 50th, Taylor of the 79th, Tankersley of the 158th, Harrell of the 106th, Dutton of the 166th and others:

A RESOLUTION opposing state bailouts by the federal government; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 1103. By Representatives Sims of the 119th and Murphy of the 120th:

A RESOLUTION honoring the life of Deputy James D. Paugh and dedicating a road in his memory; and for other purposes.

Referred to the Committee on Transportation.

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

HB 658 HB 660 HB 662 HB 665 HB 667 HR 1093

HB 659 HB 661 HB 663 HB 666 HR 1072 SB 279

The following Resolution of the Senate was read and adopted:

SR 642. By Senators Williams of the 19th, Rogers of the 21st and Chance of the 16th

A RESOLUTION

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

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and

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seven from the Senate to be named by the President of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 165th, Lane of the 167th, and Kendrick 94th.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance and recommitted to the Committee on Judiciary:
HB 121. By Representative McKillip of the 115th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit the use of discretionary clauses in health and disability insurance contracts; to provide a short title; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1104. By Representatives Ralston of the 7th, Wilkinson of the 52nd, Holmes of the 125th, Martin of the 47th, Watson of the 163rd and others:
A RESOLUTION honoring the life and memory of Larry Munson and inviting his family to be recognized by the House of Representatives; and for other purposes.
HR 1105. By Representative O`Neal of the 146th:
A RESOLUTION commending Matthew Sellers of Perry and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 1104 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

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HR 1104. By Representatives Ralston of the 7th, Wilkinson of the 52nd, Holmes of the 125th, Martin of the 47th, Watson of the 163rd and others:
A RESOLUTION honoring the life and memory of Larry Munson and inviting his family to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1106. By Representative Maxwell of the 17th:
A RESOLUTION commending the Bobbins Middle School participants of Paulding County Civics Day; and for other purposes.
HR 1107. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Congressman Edgar Lanier Jenkins; and for other purposes.
HR 1108. By Representative Braddock of the 19th:
A RESOLUTION recognizing and commending Zachary Powell; and for other purposes.
HR 1109. By Representative Braddock of the 19th:
A RESOLUTION recognizing and commending James "Jamie" Autry Ulrich; and for other purposes.
HR 1110. By Representatives Williams of the 89th, Howard of the 121st, Frazier of the 123rd, James of the 135th, Mitchell of the 88th and others:
A RESOLUTION honoring the life and memory of Sophie Sydney Moore; and for other purposes.
HR 1111. By Representatives Purcell of the 159th and Burns of the 157th:
A RESOLUTION recognizing and commending the Effingham YMCA Christian Leadership Academy of the Effingham YMCA; and for other purposes.

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HR 1112. By Representatives Purcell of the 159th and Burns of the 157th:
A RESOLUTION recognizing January 23, 2012, as Effingham County Day at the Capitol; saluting the Effingham County Chamber of Commerce; and for other purposes.
HR 1113. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:
A RESOLUTION commending Lisa Hutto Guilbeau and recognizing January 11, 2012, as Lisa Hutto Guilbeau Day at the capitol; and for other purposes.
The Speaker announced the House in recess until 6:45 o'clock, this evening.

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EVENING SESSION
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 1097 having arrived, the Senate appeared upon the floor of the House, and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the Speaker of the House, David Ralston.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Nathan Deal, appeared upon the floor of the House and delivered the following address:
Lt. Governor, Mr. Speaker, President Pro Tem Williams, Speaker Pro Tem Jones, Members of the General Assembly, Constitutional Officers, Members of the Judiciary, my fellow Georgians:
In centuries long past ... in a world far removed from the one we know today ... the Age of Exploration captivated the minds of brave, young men. These individuals traveled through distant waters to identify the unknown, their will to explore outweighing the countless dangers, hardships and tragedies they faced. It is an age we now define by these names: Columbus, da Gama, Vespucci and Magellan.
These brave adventurers, with only primitive tools at their disposal, charted a course by looking to the stars for guidance. The nights were not always clear ... the waters not always friendly. For each man commanding a vessel on the high seas, there was always the temptation to give up and to turn back.
But we know these men today because they held steadfast to their course, leading them to discover new worlds and to expand the opportunities for mankind.
Georgians have charged us to set a course for our state and they have defined the stars that we must follow to expand opportunity: the star of education we must provide great schools that will cultivate the minds of our young people ... the star of transportation we must provide safe roads and avenues of commerce ... the star of security we must give every Georgian the ability to live in a safe community ... and the guiding star in our constellation, jobs we must create a business climate that provides Georgians with their best shot at a good job! These are the stars on which our eyes must be focused as we chart the course for our great state!

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Tonight, I will discuss our course forward, but first, I think we would be well served to look in the rearview mirror for just a moment. The situation we faced one year ago and the progress we've made bears our attention.
One year ago, I said "the state of our state is strong" ... "that we possess a unique set of strengths" ... but we also faced an unusual and historic collection of challenges.
When we met on this occasion this past January, the Revenue Shortfall Reserve Fund, or the Rainy Day Fund as it is better known, had only enough money to fund state operations for less than two days ... meaning essential functions of government were at risk in the event of even the slightest hiccup. One year later, with your help, we have begun restoring the Rainy Day Fund. The balance today is $328 million, an increase of 183%. I remain committed to building up this strategic reserve by keeping our spending in check.
When we met last year, we faced a difficult budget situation in which the low-hanging fruit and easy fixes were gone. And yet, we worked together to pass structurally balanced budgets that fund the essential services upon which Georgians depend. And we did it without new taxes. We have delivered commonsense, conservative budgets free of gimmicks and one-time gains. For that reason, we are now one of only eight states with triple-A ratings from the three major rating agencies. When compared to our AA peers, this credential of creditworthiness saved Georgia taxpayers $11 million over the life of bonds sold last year alone.
This also provides us with a powerful tool for economic development. When a business considers locating in Georgia, it helps to be able to show them that they will be partnering with a state government that has its house in order!
To that end, beginning this year, we will implement zero-based budgeting in 10% of all programs. Through zero-based budgeting, we will bring a new level of accountability to state government and verify that taxpayer dollars are being spent to meet the priorities of Georgians!
When we met last year, we faced a federal district court ruling that threatened to cut off up to 85% of Metro-Atlanta's water supply. This evening, with the benefit of an 11th Circuit Appeals Court ruling overturning that decision, we are in a far stronger position to reach a lasting agreement with our peers in Alabama and Florida on an issue of critical importance to Georgia's ability to attract investment and new jobs.
One year ago, HOPE arguably the nation's most generous merit-based, higher education scholarship and grant program was on an unsustainable course and faced a complete depletion of reserves as early as FY 2013. This evening, we can claim a piece of legislation that preserves HOPE for future generations!

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And for every student who earns HOPE, my budget for next year maintains the same award amount received this year.
Also, we will again appropriate $20 million for the needs-based one percent student loan program which eases the burden of affording a college education. This year, more than half of these newly-appropriated funds went to students who had no assistance from their families.
Together, we've done something else over the past year. And while it is more general in nature, it is perhaps even more important to our ability to govern well and to the longterm prospects of our great state. Together, we have ushered in a new era of cooperation.
Last January, we were faced with a mountain ... Together, we climbed it. Thank you for your partnership and thank you for all that you do to serve Georgians!
But this evening, as we embark on a new year, we have other mountains to climb that will require our best collective efforts this year and beyond.
Recalling the great explorers who looked to the night skies in their search for new lands, the first star in our constellation is education. Our schools are the front line in our effort to create prosperity. It is here we make our most strategic investment in the future!
The Amended and FY 2013 budgets I've prepared take advantage of the stabilization in revenues and appropriate an additional $146.6 million to fully fund enrollment growth in our K-12 schools.
Likewise, in both the technical college and university systems, I am calling for an additional $111.3 million to fund anticipated enrollment growth.
Also, in keeping with the recommendations of the Education Finance Study Commission, and because we believe they are vital ingredients of the educational experience we provide young Georgians, my budget calls for $3.7 million in additional funds for school nurses!
This along with the school nutrition program and transportation funding will be moved into the Quality Basic Education funding formula. These funds will be allocated using the same formula local districts are accustomed to, but they will have complete flexibility in how to spend them. Better than me, or anyone else under this Gold Dome, I believe local school leaders know how to spend funds within their district in order to get the greatest outcomes for students!

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My proposed budget calls for an additional $55.8 million to fund salary increases for our teachers based on training and experience. Unlike the past, there are no reductions to QBE, Equalization Grants, State Schools or other enrollment driven programs.
Within education, I have called for a new focus on our youngest learners. The budget I'm proposing increases the Pre-K school year for 84,000 students by 10 days, bringing it to 170 days. I am proud to say that this will allow us to begin restoring Pre-K teacher salaries!
We must make a concerted effort to increase the percentage of children reading at grade level by the completion of 3rd Grade. The best evidence tells us that children not meeting this standard often fail to catch up and are more likely to drop out of school, go to prison and have higher unemployment rates later in life than their reading-proficient peers.
Students must "learn to read" in order to be able to "read to learn" and when we fail to invest in our youngest students, we are forced to spend money on remediation for the remainder of their academic careers. To this end, my budget includes $1.6 million for a reading mentors program. This program will assist schools and teachers as they work to help more young Georgians achieve this strategic benchmark reading at grade level by the completion of 3rd grade.
You've heard me talk about moving beyond the status quo in education and that requires a more intense focus on innovation in the classroom. In particular, we need to put in place strategies that provide students with opportunities to practice and apply what they are learning in a high-quality, real-world environment. This is one reason we allotted nearly $20 million of our Race to the Top money for the creation of an Innovation Fund. This initiative asks schools to partner with businesses, non-profits and postsecondary institutions and places a primary focus on developing applied learning opportunities. We are already seeing positive results. Tomorrow, I will announce the winners of round two.
To spur innovation, I am also recommending $8.7 million in supplemental grants in both the Amended budget and next year's budget for state chartered special schools affected by the Georgia Supreme Court ruling on charter schools. These schools are key to Georgia's educational success and without these additional dollars, they would be forced to operate on approximately half of the funds of other public schools.
However, this is not the long-term solution, and I look forward to working with you to ensure that charter schools can thrive in Georgia. We can do this and with your help we will!
Further, we must clarify the mission of our schools. Let me state this very clearly: I believe students graduating from our high schools ... those young men and women who

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have done everything asked of them by our K-12 system ... should be fully ready for postsecondary study or a job!
Going forward, we will reclaim that mission by ensuring that there is a more seamless transition from High School to further study ... and from postsecondary study to the workforce.
With our young people facing a difficult job market and stiff global competition for good jobs, we must do everything in our power to ensure that our education system provides graduates with real opportunity. Our postsecondary institutions must maintain an intense focus on employability and creating job opportunities. And in today's competitive global environment where technology is constantly reshaping the economy, that means abandoning the "ivory tower" model and adapting to meet the needs of business.
That focus on practical education is why I'm announcing Go Build Georgia this evening. Go Build is a public-private initiative that will round out our workforce development program by educating young people and the public at large about the skilled trades.
Already, the business community is unable to fill many positions calling for highlyskilled industrial and commercial construction professionals, jobs that on average pay 27% more than the average Georgian currently brings home. And with an aging workforce in this area, we are on track to replace only one of every four retirees.
Today, in America, with more than 13 million people unemployed and seeking work, there are 1.3 million open positions in skilled trade industries for which companies are unable to find qualified applicants! Right here in Metro-Atlanta, Seimens has been unable to fill approximately 200 skilled-trade positions in the fields of manufacturing automation, healthcare technology, transportation systems and technical services. It is time we begin work to boost our pipeline!
We must work together to ensure that our state has the craft professionals to meet present and forecast demand. This is something we can do and with your help we will!
Here in Georgia, we are blessed with world-class university and technical college systems that provide opportunity to every young Georgian and provide business with a pipeline of talented workers. As we seek to continue improving higher education in this state, I want to commend Chancellor Hank Huckaby and the Board of Regents, along with Commissioner Ron Jackson and the Technical College Board, for performing a strategic consolidation of institutions. In this age of "doing more with less," you are delivering a better return on investment without compromising service to students.
Before leaving the topic of higher education, I want to announce two ambitious goals. Georgians deserve a world-class, public medical university, and it will be a priority of

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this administration to have a medical college among the top 50 nationally. This is something we can do and with your help we will!
Also within this push, the Georgia Health Sciences University will seek to become the state's second National Cancer Institute designated Cancer Center, alongside the Winship Cancer Center at Emory.
As of today, Georgia's annual death rate from cancer exceeds the national average, but I believe we have all of the ingredients necessary to be a destination for cancer research and a resource for every family battling this disease.
This designation would mean greater access to research dollars and enhance our ability to recruit top cancer specialists. Even more, it will place Georgians battling this horrific disease first in line for the newest, most promising therapies and clinical trials.
To support this goal of a second Georgia-based Cancer Center, my budget proposal includes an investment of $5 million. This is something we can do and with your help we will!
In order to address the need for additional health professionals in Georgia, we have been investing in the expansion of undergraduate medical education for several years. We must now take the next step in this process by increasing the number of graduate residency slots.
My budget funds 400 new residency slots in hospitals across the state. Presently, because we lack adequate residency program capacity, Georgia taxpayers help fund a promising young Georgian's pre-K, K-12, postsecondary and graduate-level medical education only to see them perform their residency outside of our state and not return. That doesn't provide value for Georgians paying taxes. It doesn't make sense for Georgians needing care and it isn't fair to young Georgians looking to begin medical careers. We must ensure that no doctor trained in Georgia is forced to leave the state to complete his or her medical education. This is something we can do and with your help we will!
Another primary responsibility of government is providing infrastructure and because it is a key building block of job creation, it is a star that will guide our course forward. In a global economy in which commerce is increasingly long distance and reliant on cuttingedge logistics, we need a bigger, smarter transportation network to move people and products in the most efficient way possible. That means roads on which traffic and freight move freely, ports that handle bigger ships, and airports that process people and packages more efficiently.
To reduce traffic congestion in Metro-Atlanta along Georgia 400, we will be working with the DOT to implement innovative traffic solutions. We will modify the existing

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southbound lanes from McFarland Road to the Chattahoochee River, allowing an additional southbound through lane. From the Chattahoochee River to I-285, we will implement flex shoulders in each direction.
These improvements will allow us to better facilitate traffic during peak rush hours, accommodating the explosive growth the Northern suburbs have experienced.
Recently, we called a halt to the P-3 project for the Northwest Corridor. While there were many reasons for doing so, one of the most important ones is that I was, am, and will be opposed to contracting away Georgia's sovereignty for a period of 60 to 70 years over a transportation corridor that is so vital to our future. I remain committed to improving the Northwest Corridor but there is a better way forward.
Investment in transportation infrastructure is an investment in our future. I applaud this Legislature's creation of a transparent, bottom-up approach to identifying critical transportation projects throughout Georgia. The regional referendums on this year's ballots give voters the opportunity to fund a slate of projects with a sales tax when they deem the proposed investment provides value. Over the last several decades, our capacity has fallen behind due to underinvestment in transportation.
We must seize this opportunity to invest in our future! We can do this and with your help we will!
We are continuing to work towards the completion of the Savannah Harbor Expansion Project a project that is imperative to our state's competiveness when the bigger ships start traversing an enlarged Panama Canal in 2014.
My budget for next year includes $46.7 million in bonds to continue deepening the harbor, building on the more than $136 million already approved for harbor deepening over the last three years.
Also within infrastructure, we are working to ensure every Georgia community has dependable water supplies. While we await the Army Corps of Engineers decision regarding the impact of water diversions from Lake Lanier, we are moving forward with plans to enhance water supply and security around the state.
Last year, we took definitive action to get the ball rolling. My budget for next year proposes $45.7 million for water supply projects, the second installment in a four-year plan calling for $300 million of new investment in water supply. Today, the Georgia Environmental Finance Authority has issued the solicitation and application forms for the Water Supply Program and local governments can now apply for the low-interest loans and state direct investment as detailed in the recently-approved Water Supply Plan.

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I want to commend our Water Task Force for creating a thorough, forward-looking plan that makes sense for Georgia communities, big and small.
With our state's population projected to grow by an additional 4.6 million people over the next two decades, it is imperative that we expand water supply across the state. We must stop being so dependent on the federal government for our water. We must seize our own destiny! This is something we can do and with your help we will!
This evening, I have talked about the our duty as elected officials to do the long-term work of ensuring our state charts a course forward that leads to a rich environment of opportunity for every Georgian.
When those traditional building blocks fail, more and more citizens drift into the criminal justice arena. And here in Georgia, entrance into our criminal justice system has been a dead end for far too many.
Last year, faced with one of the most incarcerated populations in the nation, low rehabilitation rates and high recidivism; you joined me in passing legislation to create the Criminal Justice Reform Council. Since that time, the Council has taken a comprehensive look at what changes are needed to increase the effectiveness of our correctional efforts.
I want to commend the Council for the work they have done and my budget recommendations reflect their findings. To start, my budget proposes $1.4 million to fund additional parole officers at the State Board of Pardons and Paroles. These officers will provide supervision to offenders who would otherwise serve their sentence and be released in our communities without any supervision.
Unless we provide the appropriate tools of supervision that facilitate a successful reentry into society, history has shown that offenders simply return to the prison population. Right now in Georgia, nearly one in three leaving our prisons are reconvicted within three years.
We must shut the revolving door! This is something we can do and with your help we will!
I am also recommending $35.2 million for additional prison beds for those who pose a threat to our citizens. I am proposing to convert three Pre-Release Centers to Residential Substance Abuse Treatment centers, at a cost of $5.7 million. We must make this investment ... If we fail to treat the addict's drug addiction; we haven't taken the first step in breaking the cycle of crime ... a cycle that destroys lives and wastes taxpayer resources! This is something we can do and with your help we will!

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Because we are seeing an increased need for resources to work with violent youth offenders within our Juvenile Justice system, my budget includes funding to open a new Youth Detention Center, as well as funding for two security management and response teams.
I am also recommending $10 million in next year's budget for the creation of new Accountability Courts drug, DUI, mental health and veteran courts all of which have proven to be both cheaper and more effective than traditional courts for those lower risk offenders falling under their jurisdiction. In fact, drug courts around this nation have proven to reduce recidivism by as much as 35%.
This evening, I want to tell you about a typical case that finds its way into a drug court. Sarah was a drug addict. The drug use that began as recreation resulted in a destructive cocaine and methamphetamine addiction. It took control of her life. At one point, she had no means of transportation ... she lost custody of her little girl ... she wound up homeless.
But I mention Sarah tonight because she exemplifies many of the goals we hold for our corrections system. Under the supervision of a drug court, piece by piece, she began rebuilding her life. With help, she beat addiction ... she won back her daughter ... she is now a sponsor helping other women who face the same trials ... and because she provides a powerful example of hope and redemption, I have asked her to join us in this chamber tonight.
Sarah and her daughter are here and I would be honored if you would give her a round of applause!
Sarah was given a shot a better life and she took it. Her story is not the exception ... it is playing out all across Georgia as people reclaim their lives through the work of accountability courts.
While these reforms require an initial investment, they will increase public safety, and ultimately save money by creating a more effective corrections system that rehabilitates people, closing the revolving door.
If we lock up an eighteen-year-old who has no skills and is unemployable; where will that individual be after completing a 15-year stint behind bars? Without a new approach that brings hope back into the equation, we will have spent $270,000 and then have a 33year-old with no skills who is more dangerous and even less employable than before. We can do better and with your help we will!
That is why we must focus on transforming our corrections system into a last resort of opportunity a place where low-level offenders are reclaimed and restored to society as

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functioning members of the community ... working to support their own families ... and paying taxes!
This evening, I am calling on the religious community, non-profits and charitable organizations to begin addressing the problem of reentry. We need you and the people around this state who care to lead bold new efforts in job training and job placement for prisoners reentering society. You can provide the bridge that will connect those who have served their time with a job and the dignity it provides! If they will do their part, and many of them will, we must do our part.
Let me be clear so that there is no misinterpretation this is not a get out of jail free card. These reforms do not in any way diminish the seriousness of the seven deadly sins. If you commit one of these, you will spend time in our prisons. In fact, this transformation of our corrections efforts will ensure that we have the space and resources to incarcerate high-risk and violent offenders going forward.
First and foremost, the greatest need of our citizens is jobs and, for that reason, it is the last and brightest star in our constellation. Businesses require a talented workforce and strong infrastructure, but they also require a business environment that allows them to compete in today's global marketplace.
With that in mind, the Georgia Competitiveness Initiative pulled together business leaders and more than 4,000 Georgians across the state to develop a strategy that would improve our business case. And this morning, at the annual Eggs & Issues Breakfast, I outlined a three-part plan for strategic tax reform based on the work of the Initiative.
First, I am proposing the elimination of the sales tax on energy used in manufacturing, a move that will align us with many of our top competitors. This will have a dramatic impact on manufacturers' overall cost structure and vastly improve the competitive position of our producers.
Secondly, I am proposing sales and use tax exemptions for construction materials used in projects of regional significance, giving us an important tool when competing with other states for projects creating large numbers of jobs.
A third piece, we are proposing to restructure Georgia's Job Tax Credits and Quality Jobs Tax Credit programs. The programs now in place was created in 1994, at a time when the competitive landscape was far different than the one our businesses operate in today. We will modernize our job tax credits to better incentivize small business growth and to help every Georgia community compete with their regional peers.
My office is already working with House and Senate leadership to create legislation to this effect.

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Georgians cannot compete for jobs that go elsewhere when employers make the decision that a neighboring state is a better place to do business. The job creators across this state have spoken and I ask all of you to join me in making these important changes. This is something we can do and with your help we will!
With a sluggish global economy we still face challenges, but we are beginning to see indications that things are stabilizing. Georgia's revenues trends have strengthened over the last 18 months and with sustained growth of this order, I believe real job creation is much closer than it was when we met on this occasion one year ago. Ladies and gentleman, the state of our state is strong!
In keeping with our mission to chart a course that fulfills the priorities of Georgians, we will follow these stars: providing strong, innovative schools geared for the modern marketplace ... providing practical tools for workforce development ... providing a modern infrastructure that moves people and products efficiently ... providing safe communities ... creating a business-friendly environment that attracts investment and puts Georgians in the best possible position to get a good job.
And when we have fulfilled these imperatives which are the legitimate purposes of government let us heed the admonition of Georgians who have asked us to do these few things well, and then to get out of the way so that they can live their lives in freedom and as they see fit!
If we do this, hardworking, self-reliant Georgians will propel our state into a prosperous future!
Thank you, and may God continue to bless this great state and our nation!
Senator Williams of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The Speaker of the House, David Ralston, announced the Joint Session dissolved.
The Speaker called the House to order.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, January 11, 2012

Third Legislative Day

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 Atwood Baker
E Battles E Beasley-Teague
Bell Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Carson Carter Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Coomer Cooper

Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs E Dollar E Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans E Floyd Frazier E Fullerton Gardner Geisinger Golick Gordon Greene Hamilton Hanner Harbin E Harden, B Harden, M Harrell

Hatchett Hatfield E Heard E Heckstall Hembree Henson Hightower Hill Holcomb Holmes Holt Horne Houston E Hudson Hugley Jackson James Jasperse Jerguson E Johnson Jones, J Jones, S Jordan E Kaiser Kendrick Kidd Knight Lane Lindsey Long Maddox, B Maddox, G

Manning Martin Maxwell Mayo McBrayer E McCall McKillip Meadows Mitchell Mosby Murphy E Neal, J Neal, Y Nimmer Nix Oliver O'Neal Pak Parent Parrish Parsons Peake Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C

Rogers, T Rynders Scott, S Shaw Sheldon E Sims, B Smith, E Smith, K Smith, L Smith, R E Smith, T Spencer Stephens, M E Stephens, R E Stephenson Talton E Tankersley Taylor, D Teasley Thomas Watson Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Byrd of the 20th, Casas of the 103rd, Crawford of the 16th, Fludd of the 66th, Howard of the 121st, Jacobs of the 80th, Marin of the 96th, Morgan of the 39th,

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Morris of the 155th, Powell of the 29th, Scott of the 2nd, Setzler of the 35th, Smyre of the 132nd, and Taylor of the 79th.
They wished to be recorded as present.
Prayer was offered by Reverend Max Caylor, Pastor, First United Methodist Church, Douglasville, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 134th, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 671. By Representative Oliver of the 83rd:
A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 4536), so as to provide for a reduction in the members of the board of education from nine to seven; to provide for education districts for such members; to provide for the manner of election and terms of office; to provide for the continuation in office of certain members; to provide for related matters; to provide for submission of this Act under Section 5 of the Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 703. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 704. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 705. By Representatives Dudgeon of the 24th, Coleman of the 97th, England of the 108th, Kaiser of the 59th, Dickson of the 6th and others:
A BILL to be entitled an Act to amend Code Section 20-2-171 of the Official Code of Georgia Annotated, relating to minimum direct classroom expenditures, waivers, sanctions for noncompliance, submission of budget and expenditure information, and rules and regulations, so as to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 706. By Representatives Dudgeon of the 24th, Coleman of the 97th, England of the 108th, Kaiser of the 59th, Dickson of the 6th 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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 707. By Representatives Morgan of the 39th, Powell of the 171st, Powell of the 29th, Brooks of the 63rd, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of identification to poll workers, so as to provide that an elector may present a valid student identification card containing a photograph of the elector and issued by an eligible postsecondary institution in this state as proof of identity in order to vote; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 708. By Representatives Epps of the 140th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 709. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, specifically by an Act approved September 15, 2001 (Ga. L. 2001 Ex. Sess., p. 290), so as to reconstitute the board of education; to change the description of the education districts; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 710. By Representatives Epps of the 140th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4663), so as to reapportion the commissioner districts; to define certain terms; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to restate certain board powers; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 711. By Representatives Lindsey of the 54th, Atwood of the 179th, Houston of the 170th, Benfield of the 85th and Jacobs of the 80th:
A BILL to be entitled an Act to amend Chapter 5 of the Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to change provisions relating to spousal privilege in criminal proceedings; to provide certain exceptions to the general rule of privilege; to provide for confidentiality of communications between a family violence or sexual assault victim and agents providing services to such victims at family violence shelters and rape crisis centers; to provide for definitions; to provide for a waiver of confidentiality; to provide for admissibility of certain information; to provide for exceptions; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 712. By Representative Jasperse of the 12th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Pickens County, approved June 2, 2010 (Ga. L. 2010, p. 3704), so as to clarify the effective dates of the repeal of certain Acts due to a scrivener's error; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 713. By Representatives Nix of the 69th, Davis of the 109th, Carter of the 175th, Coleman of the 97th, Kaiser of the 59th 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 delay implementation of some career and college readiness initiatives until the 2013-2014 school year; to require career education in grades kindergarten through 12; to change the mandated assessment for postsecondary readiness to the end of the eleventh grade; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 714. By Representatives Amerson of the 9th and Hembree of the 67th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relating to health, so as to require every health club in this state to have at least one functional automated external defibrillator on site at such facility at all times for use during emergencies; to provide for definitions; to provide for requirements for maintaining and using the defibrillator; to amend Code Section 51-1-29.3 of the Official Code of Georgia Annotated, relating to tort immunity for operators of external defibrillators, so as to provide tort immunity for individuals using a defibrillator at a health club; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 715. By Representatives Riley of the 50th, Willard of the 49th, Geisinger of the 48th, Jones of the 46th, Wilkinson of the 52nd and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide for limitations on certain contracts to assess and collect municipal taxes and prepare tax digests; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 716. By Representatives Long of the 61st, Davis of the 109th, Talton of the 145th, Dollar of the 45th, Rogers of the 26th and others:

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A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 12 of the O.C.G.A., relating to air quality, so as to provide collective emissions limitations for facilities emitting pentachlorophenol near primary and secondary schools; to provide for penalties for noncompliance with such emissions limitations; to provide that compliance shall not alter the obligation to comply with other laws or regulations; to provide a definition of the term "pentachlorophenol"; to provide for powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for conditions for permits; to provide for the effect of noncompliance with regard to permits; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 717. By Representatives Houston of the 170th, Carter of the 175th, Purcell of the 159th and Meadows of the 5th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dangerous dog control, so as to provide for criminal penalties for certain owners who fail to secure their dog resulting in the dog inflicting severe injury or death on a human being; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 718. By Representatives Peake of the 137th, Lindsey of the 54th, Sheldon of the 105th, Stephens of the 164th, Williamson of the 111th 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 Georgia Capital Acceleration Authority; so as to provide for legislative findings; to provide for definitions; to provide for a program administrator; to provide for the issuance of premium tax credits to insurance companies or holding companies that purchase such credits to offset liability for state insurance premium taxes; to provide for reports; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

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HB 719. By Representative England of the 108th:
A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2011-2012 known as the "General Appropriations Act," Act No. 223, approved May 12, 2011 (Ga. L. 2011, Volume One, Book Two), so as to change certain appropriations for the State Fiscal Year 20112012; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 720. By Representative England of the 108th:
A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2011-2012 known as the "General Appropriations Act," Act No. 223, approved May 12, 2011 (Ga. L. 2011, Volume One, Book Two), so as to change certain appropriations for the State Fiscal Year 20112012; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 721. By Representative England of the 108th:
A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 722. By Representative England of the 108th:
A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies,

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and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

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

HB 668 HB 675 HB 683 HB 687 HB 689 HB 691 HB 693 HB 695 HB 697 HB 699 HB 701 HR 1094

HB 673 HB 679 HB 685 HB 688 HB 690 HB 692 HB 694 HB 696 HB 698 HB 700 HB 702 HR 1103

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

Representatives Brockway of the 101st, Dudgeon of the 24th, and Reece of the 11th.

Pursuant to HR 1104, the House honored the life and memory of Larry Munson and invited his family to be recognized by the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 1114. By Representatives Williams of the 165th, Lane of the 167th, Dutton of the 166th, O`Neal of the 146th, Purcell of the 159th and others:

A RESOLUTION honoring the life and memory of Sheriff Cecil Nobles; and for other purposes.

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HR 1115. By Representative Channell of the 116th:
A RESOLUTION recognizing and commending Dr. Joan Antone; and for other purposes.
HR 1116. By Representative Williamson of the 111th:
A RESOLUTION honoring and remembering the life of Reverend Patrick Timothy Acree; and for other purposes.
HR 1117. By Representatives Stephens of the 164th, Pruett of the 144th, Jasperse of the 12th, Hatchett of the 143rd, Bryant of the 160th and others:
A RESOLUTION recognizing January 24, 2012, as Tourism and Hospitality Day at the state capitol and commending the tourism industry of Georgia; and for other purposes.
HR 1118. By Representatives Oliver of the 83rd, Lindsey of the 54th, Geisinger of the 48th and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Holy Innocents' Episcopal Church; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, January 12, 2012

Fourth Legislative Day

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 Allison Amerson Anderson Ashe Atwood Baker Battles
E Beasley-Teague Bell Benton Beverly Braddock Brooks Bryant Burns Byrd Carson Carter Channell Cheokas Clark, J Clark, V Collins Cooke Coomer Cooper Crawford
E Dawkins-Haigler

Dempsey Dickerson Dickey Dickson E Dollar Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J E Evans E Floyd E Fullerton E Golick Gordon Greene Hamilton Hanner Harbin Harden, B E Harden, M Harrell Hatchett Hatfield E Heard

Heckstall Hembree E Henson Hightower Hill Holcomb Holmes Holt Horne Houston E Hudson E Jackson James Jasperse Jerguson E Johnson Jones, J Kaiser Kendrick Kidd Knight Lane Lindsey Maddox, B Maddox, G Manning Martin Maxwell McBrayer

McCall McKillip Meadows Mitchell Morgan Neal, J Nimmer Nix Oliver O'Neal Pak Parent Parrish Parsons Powell, A Powell, J Pruett Purcell Ramsey Rice Riley Roberts E Rogers, C Rogers, T Rynders E Scott, M Scott, S Setzler Sheldon

Sims, B Smith, E Smith, K Smith, L Smith, R Smith, T Spencer Stephens, M Stephens, R E Stephenson Talton E Tankersley E Taylor, D Taylor, R Taylor, T Teasley Thomas Watson Welch Weldon Wilkerson Wilkinson E Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Abrams of the 84th, Benfield of the 85th, Black of the 174th, Brockway of the 101st, Bruce of the 64th, Buckner of the 130th, Casas of the 103rd, Davis of the 109th, Dobbs of the 53rd, Fludd of the 66th, Frazier of the 123rd, Gardner of the 57th, Geisinger of the 48th, Howard of the 121st, Hugley of the 133rd, Jacobs of the 80th, Jones of the 44th, Jordan of the 77th, Long of the 61st, Mayo of the 91st, Morris of the 155th, Mosby of the 90th, Murphy of the 120th, Neal of the 75th, Randall of the 138th, Shaw of the 176th, and Willard of the 49th.

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They wished to be recorded as present.
Prayer was offered by Dr. Crawford Loritts, Senior Pastor, Fellowship Bible Church, Roswell, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 134th, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
The Speaker Pro Tem assumed the Chair.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 670. By Representatives Clark of the 98th, Cooke of the 18th, Allison of the 8th, Ramsey of the 72nd, Collins of the 27th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Constitutional Guardian Advisory Council; to provide legislative findings; to provide for definitions; to provide for composition, officers, and meetings of the council; to provide for duties and powers; to provide for criteria for evaluation of a federal law; to provide for coordination with other states; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 672. By Representatives Oliver of the 83rd, Parent of the 81st, Ashe of the 56th, Jacobs of the 80th and Taylor of the 79th:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that bills to incorporate new municipal corporations may be introduced only during the regular session which is held during the first year of the term of office of members of the General Assembly and may be enacted only during the regular session which is held during the second year of the term of office of members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 723. By Representatives Channell of the 116th and Kidd of the 141st:
A BILL to be entitled an Act to amend an Act to change the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3645), so as to change manner of election of members of the board of education; to provide for vacancies; to provide for legislative intent; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 724. By Representatives Allison of the 8th, Harden of the 28th, Jasperse of the 12th, Dutton of the 166th, Cooke of the 18th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that persons issued special license plates as certified firefighters shall be exempt from paying an annual special license plate renewal fee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 725. By Representatives Hamilton of the 23rd, Powell of the 171st, Sheldon of the 105th, Powell of the 29th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to selection and qualification of candidates and presidential electors, so as to provide for reopening of qualifying periods under certain circumstances; to change certain provisions relating to filing notice of candidacy, nomination petition, and affidavit, payment of qualifying fee, pauper's affidavit and qualifying petition for exemption from qualifying fee, and military service; to change certain provisions relating to qualification of candidates for party nomination in a state or county primary, posting of list of all qualified candidates, filing of affidavit with political party by each qualifying candidate, and performance of military service does not create vacancy; to change certain provisions relating to reopening of qualification for office in the event of a candidate's death prior to a political party primary; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 726. By Representatives James of the 135th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Peach County," approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4042), so as to change the description of the districts from which members of such board are elected; to define certain terms and provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 727. By Representatives James of the 135th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the Board of Education of Peach County," approved March 20, 1990 (Ga. L. 1990, p. 4155), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4049), so as to change the description of the districts from which members of such board are elected; to define certain terms and to

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provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 728. By Representative Jasperse of the 12th:
A BILL to be entitled an Act to provide for legislative findings; to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for legislative findings; to provide for covenants adopted prior to the adoption of zoning laws; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1119. By Representatives Scott of the 76th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Beasley-Teague of the 65th and Dickerson of the 95th:
A RESOLUTION urging the United States Congress to pass legislation that will create a uniform national framework on digital commerce to protect consumers from multiple and discriminatory taxes and provide certainty and uniformity for state and local governments; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1120. By Representatives Scott of the 76th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Beasley-Teague of the 65th and Dickerson of the 95th:
A RESOLUTION urging the United States Congress to enact a uniform Internet privacy law; and for other purposes.
Referred to the Committee on Judiciary.

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

HB 671 HB 704 HB 706 HB 708 HB 710 HB 712 HB 714 HB 716 HB 718 HB 720 HB 722

HB 703 HB 705 HB 707 HB 709 HB 711 HB 713 HB 715 HB 717 HB 719 HB 721

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

Mr. Speaker:

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

HB 675 Do Pass

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

Representative Maxwell of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 295 Do Pass HB 351 Do Pass, by Substitute

HB 337 Do Pass HB 424 Do Pass

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

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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 1105 Do Pass
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Carter of the 175th, Maxwell of the 17th, and Hatfield of the 177th.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1105. By Representative O`Neal of the 146th:
A RESOLUTION commending Matthew Sellers of Perry and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1121. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Joseph Thrash; and for other purposes.
HR 1122. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Matt Shehan; and for other purposes.
HR 1123. By Representatives Scott of the 76th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Dickerson of the 95th and Beasley-Teague of the 65th:
A RESOLUTION recognizing the importance of women's heart health and the promotion of programs that aid in early detection and prevention of heart disease in women; and for other purposes.
HR 1124. By Representatives Scott of the 76th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Dickerson of the 95th and Beasley-Teague of the 65th:

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A RESOLUTION recognizing the importance of proper infant nutrition and acknowledging of breast feeding for both infants and mothers; and for other purposes.

HR 1125. By Representatives Benton of the 31st and Harden of the 28th:

A RESOLUTION honoring William "Howard" Brown on the grand occasion of his 100th birthday; and for other purposes.

HR 1126. By Representative Brooks of the 63rd:

A RESOLUTION honoring the life and memory of Sister Hervie Ellzey Kaigler; and for other purposes.

HR 1127. By Representative Brooks of the 63rd:

A RESOLUTION honoring the life and memory of Leroy Sherman Wiley; and for other purposes.

HR 1128. By Representative Brooks of the 63rd:

A RESOLUTION honoring the life and memory of Mrs. Sabra Rogers Rice; and for other purposes.

HR 1129. By Representative Brooks of the 63rd:

A RESOLUTION honoring the life and memory of Deacon Felton Leon Hudson; and for other purposes.

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 705 HB 706 HB 713

Do Pass Do Pass Do Pass

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Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 683 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 49th
Chairman
Representative Channell of the 116th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 319 Do Pass, by Substitute
Respectfully submitted, /s/ Channell of the 116th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.
The Speaker Pro Tem announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Friday, January 13, 2012

Fifth Legislative Day

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

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

E Abdul-Salaam Allison Amerson Ashe Atwood Baker Battles
E Beasley-Teague E Bell
Benton Black Braddock Brockway Brooks Bryant Buckner Burns Byrd Carson Carter Channell Cheokas Clark, V Collins Cooke Cooper Davis E Dawkins-Haigler

Dempsey Dickerson Dickey Dickson Drenner Dudgeon E Dukes Dunahoo Dutton E Ehrhart England Epps, J E Evans Floyd Frazier Fullerton E Golick Gordon Greene Hamilton Hanner Harden, B Harden, M Harrell Hatchett E Heard E Henson Hightower

Hill E Holcomb
Holmes Holt Horne Houston Howard Hugley E Jackson James Jasperse Jerguson E Johnson Jones, J Jones, S Kaiser Kendrick Knight Lane Lindsey Maddox, B Maddox, G Manning Martin Maxwell McBrayer McCall McKillip

Meadows Mitchell Morgan Mosby Murphy Neal, J Nimmer Nix O'Neal Pak Parrish Parsons Peake Powell, A Powell, J E Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M

Scott, S Sheldon E Sims, B Smith, E E Smith, K Smith, L Smith, R Smith, T Spencer Stephens, M Stephens, R Stephenson Talton E Tankersley Taylor, D E Thomas Watson Welch Wilkerson Wilkinson E Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Anderson of the 117th, Benfield of the 85th, Beverly of the 139th, Bruce of the 64th, Casas of the 103rd, Clark of the 98th, Coleman of the 97th, Coomer of the 14th, Crawford of the 16th, Dobbs of the 53rd, Dollar of the 45th, Epps of the 128th, Fludd of the 66th, Gardner of the 57th, Geisinger of the 48th, Harbin of the 118th, Hatfield of the 177th, Heckstall of the 62nd, Hembree of the 67th, Hudson of the 124th, Jacobs of the 80th, Jordan of the 77th, Long of the 61st, Marin of the 96th, Mayo of the 91st, Morris of the 155th, Neal of the 75th, Oliver of the 83rd, Parent of the 81st, Setzler

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of the 35th, Shaw of the 176th, Smyre of the 132nd, Taylor of the 79th, Taylor of the 55th, Teasley of the 38th, Weldon of the 3rd, and Willard of the 49th.
They wished to be recorded as present.
Prayer was offered by Reverend Joe McDaniel, Pastor, Musella Baptist Church, Musella, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, 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.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 674. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to enact "The Interception and Disclosure of Geolocation Information Protection Act of 2011"; to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to specify the circumstances in which a person may acquire geolocation information; to provide for definitions; to provide for the exclusion of evidence obtained in violation of limitations on the acquisition of geolocation information; to provide for civil and criminal

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penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 676. By Representatives Harbin of the 118th, Sims of the 119th, England of the 108th and Anderson of the 117th:
A BILL to be entitled an Act to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecutions, so as to provide that prosecutions may commence at any time for the offenses of cruelty to children, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest when the victim is younger than 16 years of age at the time of the commission of the crime; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 678. By Representatives Long of the 61st, Geisinger of the 48th, Taylor of the 55th, Beverly of the 139th and Murphy of the 120th:
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 regulation of the use of previously used material in mattresses and similar consumer products; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 729. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 730. By Representatives Hembree of the 67th, Lindsey of the 54th, Geisinger of the 48th and Rynders of the 152nd:
A BILL to be entitled an Act to amend Code Section 36-91-21 and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to competitive award requirements and to general authority, duties, and procedure relative to state purchasing, respectively, so as to provide for certain contracting and bidding requirements for governmental entities and the Department of Administrative Services relative to public works construction contracts; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 731. By Representatives Lindsey of the 54th, Ashe of the 56th, Setzler of the 35th, Hamilton of the 23rd, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to enact the "Parent Trigger Act"; to provide for a definition; to provide for charter petitions by a majority of parents or guardians for certain schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 732. By Representatives McBrayer of the 153rd, Yates of the 73rd, Collins of the 27th, Rice of the 51st, Setzler of the 35th and others:
A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 733. By Representatives Hightower of the 68th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to add holdover provisions for appointees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 734. By Representatives Dempsey of the 13th, Meadows of the 5th, England of the 108th, Powell of the 171st, Neal of the 1st and others:
A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to revise a definition; to revise provisions relating to requirements for licensure in social work; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 735. By Representatives Bruce of the 64th, Mosby of the 90th, Benfield of the 85th and Frazier of the 123rd:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a weapon and temporary renewal permit, so as to provide for training as a prerequisite for a weapons carry license; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 736. By Representatives Bruce of the 64th, McKillip of the 115th, Mosby of the 90th, Frazier of the 123rd, Dawkins-Haigler of the 93rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to prohibit the use of discretionary clauses in disability insurance contracts; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 737. By Representative Williamson of the 111th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4503), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent

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members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 738. By Representative Williamson of the 111th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4511), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 739. By Representatives McKillip of the 115th, Jacobs of the 80th, Allison of the 8th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to prohibit a fee for a future conveyance of real property except under limited circumstances; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 740. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th:
A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4570), so as to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 741. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th:

A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the "General Appropriations Act," House Bill 78, Act No. 223, approved May 12, 2011, (Ga. L. 2011, Vol. I, Book II).

Referred to the Committee on Appropriations.

HB 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th:

A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013.

Referred to the Committee on Appropriations.

HR 1130. By Representatives Cooke of the 18th, Clark of the 98th, Dutton of the 166th, Dudgeon of the 24th, Brockway of the 101st and others:

A RESOLUTION urging the United States Congress to repeal the Seventeenth Amendment to the United States Constitution; and for other purposes.

Referred to the Committee on Governmental Affairs.

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

HB 670 HB 723 HB 725 HB 727 HR 1119

HB 672 HB 724 HB 726 HB 728 HR 1120

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

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91

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 700 Do Pass HB 710 Do Pass

HB 708 Do Pass HB 712 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

HB 700. By Representatives Purcell of the 159th and Burns of the 157th:

A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

HB 708. By Representatives Epps of the 140th and Holmes of the 125th:

A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

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HB 710. By Representatives Epps of the 140th and Holmes of the 125th:

A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4663), so as to reapportion the commissioner districts; to define certain terms; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to restate certain board powers; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

HB 712. By Representative Jasperse of the 12th:

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Pickens County, approved June 2, 2010 (Ga. L. 2010, p. 3704), so as to clarify the effective dates of the repeal of certain Acts due to a scrivener's error; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague E Bell
Benfield Y Benton

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton

Heckstall Y Hembree E Henson Y Hightower Y Hill E Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J
Neal, Y Y Nimmer Y Nix

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E E Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R

FRIDAY, JANUARY 13, 2012

93

Y Beverly Y Black
Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

E Ehrhart Y England
Epps, C Y Epps, J E Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett
Hatfield E Heard

Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson E Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Oliver Y O'Neal Y Pak
Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J E Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Stephenson Y Talton E Tankersley Y Taylor, D
Taylor, R Taylor, T Y Teasley E Thomas VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bills, the ayes were 142, nays 0.

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

Representatives Braddock of the 19th and Neal of the 75th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

HB 253. By Representatives Collins of the 27th, Bearden of the 68th, Powell of the 171st, Cheokas of the 134th, Carter of the 175th 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 allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles; to modify

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provisions relating to use of retired unmarked pursuit cars for training; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative and Sims of the 169th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1131. By Representative Meadows of the 5th:
A RESOLUTION recognizing and commending the 2011 Calhoun High School football team on their Class AA Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1132. By Representative Maddox of the 172nd:
A RESOLUTION recognizing February 2, 2012, as Veterinary Medicine Day at the state capitol and inviting representatives from the Georgia veterinary medical community to be recognized by the House of Representatives; and for other purposes.
HR 1133. By Representatives Smith of the 131st, Jasperse of the 12th, Meadows of the 5th, England of the 108th, Sheldon of the 105th and others:
A RESOLUTION recognizing the 4-H Clubs of Georgia and inviting Mr. Dowdy White, Mr. Arch D. Smith, and the 2011-2012 4-H Leadership Team to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1134. By Representative Maddox of the 172nd:
A RESOLUTION honoring the life and memory of Deputy Game Warden Robert Clayton Sizemore; and for other purposes.
HR 1135. By Representatives Holt of the 112th and Williams of the 113th:
A RESOLUTION commemorating Madison Hardware and Supply; and for other purposes.

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95

HR 1136. By Representatives Hanner of the 148th, Houston of the 170th, Peake of the 137th, Epps of the 140th, Benton of the 31st and others:
A RESOLUTION recognizing January 24, 2012, as Drinking Water Security Day at the state capitol; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 253. By Representatives Collins of the 27th, Bearden of the 68th, Powell of the 171st, Cheokas of the 134th, Carter of the 175th 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 allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles; to modify provisions relating to use of retired unmarked pursuit cars for training; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles; to modify provisions relating to use of retired unmarked pursuit cars for training; 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 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by revising Code Section 35-2-57, relating to the use of retired unmarked pursuit cars for training, as follows:
"35-2-57. When an unmarked pursuit vehicle used by the Georgia State Patrol for the purpose of enforcing the traffic laws of this state is first removed from the field and will no longer be used on a regular basis for pursuit purposes, the commissioner of public safety shall notify the administrator of the Georgia Public Safety Training Center and shall is

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authorized, in his or her discretion, to make such pursuit vehicle available to such center the Georgia Public Safety Training Center for the purpose of training public safety officers pursuant to Chapter 5 of this title. Such vehicles may also be sold or traded pursuant to Code Section 35-2-58. Upon notification by the commissioner, the administrator of the Georgia Public Safety Training Center shall be authorized to take immediate possession of any such pursuit vehicle."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:

"35-2-58. (a) Any other provision of law notwithstanding, the commissioner, subject to approval by the board, shall have the power to sell or trade surplus motor vehicles no longer needed by the department and use the proceeds from the sale or trade toward the purchase of new motor vehicles by the department. (b) Subject to approval by the board, available funds, and Article 3 of Chapter 5 of Title 50, the commissioner is authorized, in his or her discretion, to purchase new motor vehicles for use by the department. (c) The board shall promulgate rules and regulations to implement the provisions of this Code section. The disposition of motor vehicles by the department shall not be subject to Article 4 of Chapter 5 of Title 50 or subject to the procedures or approval of any other state agency."

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 Collins of the 27th moved that the House agree to the Senate substitute to HB 253.

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood
Baker Y Battles Y Beasley-Teague

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon

Heckstall Y Hembree E Henson Y Hightower Y Hill E Holcomb Y Holmes Y Holt Y Horne Y Houston

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy
Neal, J

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E E Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre

FRIDAY, JANUARY 13, 2012

97

E Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

E Dukes Y Dunahoo Y Dutton E Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon
Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

Y Howard Hudson
Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J E Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S
Setzler

Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton E Tankersley Y Taylor, D
Taylor, R Taylor, T Y Teasley E Thomas VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the motion, the ayes were 149, nays 0.

The motion prevailed.

Representatives Baker of the 78th and Hudson of the 124th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Mitchell of the 88th moved that the following Bill of the House be withdrawn from the Committee on Education and recommitted to the Committee on Health & Human Services:

HB 673. By Representatives Mitchell of the 88th, Clark of the 104th, Cooper of the 41st and Stephens of the 161st:

A BILL to be entitled an Act to enact "Georgia's Return to Play Act of 2012"; 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 establish a return to play policy for student athletes suffering from concussions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The motion prevailed.
Representative O'Neal of the 146th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, January 23, 2012, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 1:00 o'clock, P.M., Monday, January 23, 2012.

MONDAY, JANUARY 23, 2012

99

Representative Hall, Atlanta, Georgia

Monday, January 23, 2012

Sixth Legislative Day

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

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

Abdul-Salaam Abrams Allison Amerson Anderson Ashe Atwood Baker Battles Beasley-Teague E Bell Benton Beverly Black Braddock Brockway Brooks Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Coomer

Cooper Crawford Dempsey Dickerson Dickey Dickson Dobbs Dollar Dudgeon E Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Fludd Frazier E Fullerton Geisinger E Golick Gordon Greene Hamilton Hanner Harden, B Harden, M Harrell Hatchett E Hatfield Heard

Hembree E Henson
Hightower Hill Holcomb Holmes Holt Horne Houston Howard E Hudson Hugley Jackson E Jacobs Jasperse E Jerguson Johnson Jones, J Jones, S Jordan Kaiser Kendrick Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Manning Marin

Martin Maxwell Mayo McBrayer McCall McKillip Meadows Mitchell Morgan Murphy Neal, J Neal, Y Nimmer Nix Oliver O'Neal Pak Parrish Parsons Peake Powell, A Powell, J Pruett Purcell E Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M

Scott, S Shaw Sheldon Sims, B Sims, C Smith, E Smith, K Smith, L Smith, R E Smith, T Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Taylor, T Teasley Thomas Watson Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Benfield of the 85th, Bruce of the 64th, Davis of the 109th, DawkinsHaigler of the 93rd, Drenner of the 86th, Floyd of the 99th, Gardner of the 57th, Harbin of the 118th, James of the 135th, Morris of the 155th, Mosby of the 90th, Parent of the

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81st, Ramsey of the 72nd, Randall of the 138th, Reece of the 11th, Setzler of the 35th, Smyre of the 132nd, Stephenson of the 92nd, Taylor of the 55th, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Reverend Mike Linch, Senior Pastor, North Star Church, Kennesaw, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 743. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

MONDAY, JANUARY 23, 2012

101

HB 744. By Representatives Lindsey of the 54th, Ashe of the 56th, Allison of the 8th, Neal of the 1st, Maddox of the 127th and others:
A BILL to be entitled an Act to amend Part 2 of Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to partition, so as to enact the "Uniform Partition of Heirs Property Act"; to provide for construction with federal law; to amend Code Section 24-7-706 of the Official Code of Georgia Annotated, relating to court appointed experts, so as to include cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 745. By Representatives Welch of the 110th, Ramsey of the 72nd, Cooper of the 41st, Manning of the 32nd, Watson of the 163rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for legislative findings relating to newborn screening for congenital heart defects; to require the Department of Public Health to study whether pulse oximetry screening should be a standard test for all newborns for the detection of congenital heart defects; to provide for a report to legislative committees; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 746. By Representatives Maddox of the 127th, Willard of the 49th, McCall of the 30th, Roberts of the 154th and Burns of the 157th:
A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to the administrative authority of the Commissioner of Agriculture on hearings for individuals adversely affected, so as to clarify the timing of the Commissioner's final decision and decision for reconsideration of the final decision; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 747. By Representatives Beverly of the 139th, Peake of the 137th, Randall of the 138th, Abrams of the 84th, Holt of the 112th and others:

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A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition of income taxes, rate, computation, and exemptions, so as to provide that any census tract having a poverty rate of 45 percent or greater shall be deemed to have the same eligibility for tax treatment as tier 1 counties; to change the designation of less developed areas; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 748. By Representatives Brockway of the 101st, Dempsey of the 13th, Willard of the 49th, McCall of the 30th, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend Code Section 19-8-23 of the Official Code of Georgia Annotated, relating to adoption records, and Code Section 31-10-14 of the Official Code of Georgia Annotated, relating to issuance of a new birth certificate following adoption, legitimation, or paternity determination, so as to provide for the issuance of a copy of an original birth certificate to certain adult persons who were adopted; to conform a provision sealing records relating to adoptions; to provide for a fee and a waiting period; to provide for the form of such copy; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HR 1137. By Representatives Welch of the 110th, England of the 108th, Meadows of the 5th, Lindsey of the 54th, Clark of the 98th and others:

A RESOLUTION making renewed application to the Congress of the United States to call for a convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes.

Referred to the Committee on Governmental Affairs.

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

HB 674 HB 678 HB 730 HB 732 HB 734

HB 676 HB 729 HB 731 HB 733 HB 735

MONDAY, JANUARY 23, 2012

103

HB 736 HB 738 HB 740 HB 742

HB 737 HB 739 HB 741 HR 1130

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

Mr. Speaker:

The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:

HB 46. By Representatives Jacobs of the 80th, Lindsey of the 54th, Oliver of the 83rd, Willard of the 49th, Lane of the 167th and others:

A BILL to be entitled an Act to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act with the "Uniform Interstate Depositions and Discovery Act"; to provide for a short title; to provide for definitions; to provide for issuance and service of subpoenas; to provide for depositions and production and inspection of documents and tangible evidence; to provide for protective orders; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The Senate has disagreed to the House substitute to the following bill of the Senate:

SB 203. By Senators Bethel of the 54th, Mullis of the 53rd and Albers of the 56th:

A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide that certain individuals who collect and input data into an automated claims adjudication system are exempt from licensure; to provide for definitions; to change certain resident independent adjuster license requirements; to add certain nonresident independent adjuster license requirements; to provided for related matters; to repeal conflicting laws; and for other purposes.

Pursuant to HR 1138, the House recognized and commended Robbie Burns and Lindsay Scott and invited them to be recognized by the House of Representatives.

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Pursuant to HR 1139, the House commended the Burke County High School Bears football team on their Class AAA State Championship and invited them to be recognized by the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1138. By Representatives Ralston of the 7th, Carter of the 175th, Wilkinson of the 52nd and Holmes of the 125th:
A RESOLUTION recognizing and commending Robbie Burns and Lindsay Scott and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1139. By Representatives Frazier of the 123rd and Jackson of the 142nd:
A RESOLUTION commending the Burke County High School Bears football team on their Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1143. By Representatives Stephens of the 164th, Pruett of the 144th, Sims of the 119th, Channell of the 116th, Watson of the 163rd and others:
A RESOLUTION recognizing January 24, 2012, as Georgia Music Day at the capitol and inviting Georgia Music Partners and the Recording Academy Atlanta Chapter to be recognized by the House of Representatives; and for other purposes.
HR 1144. By Representatives McCall of the 30th, England of the 108th, Jasperse of the 12th, McBrayer of the 153rd, Roberts of the 154th and others:
A RESOLUTION recognizing February 14, 2012, as Georgia Farm Bureau Federation Day at the state capitol and inviting the members to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 1138 Do Pass HR 1139 Do Pass

MONDAY, JANUARY 23, 2012

105

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1138. By Representatives Ralston of the 7th, Carter of the 175th, Wilkinson of the 52nd and Holmes of the 125th:
A RESOLUTION recognizing and commending Robbie Burns and Lindsay Scott and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1139. By Representatives Frazier of the 123rd and Jackson of the 142nd:
A RESOLUTION commending the Burke County High School Bears football team on their Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1145. By Representatives Jones of the 46th, Lindsey of the 54th, Martin of the 47th, Willard of the 49th and Riley of the 50th:
A RESOLUTION recognizing and commending Southwest Airlines on its expansion into Atlanta and Hartsfield-Jackson International Airport, the busiest in the world; and for other purposes.
HR 1146. By Representatives McCall of the 30th, England of the 108th, Jasperse of the 12th, McBrayer of the 153rd, Roberts of the 154th and others:
A RESOLUTION recognizing February 7, 2012, as Equine Youth Day at the state capitol; and for other purposes.
HR 1147. By Representative Epps of the 128th:
A RESOLUTION honoring the life and memory of Ophelia Swanson; and for other purposes.
HR 1148. By Representative Holmes of the 125th:
A RESOLUTION recognizing and commending Deacon Joe K. Davis; and for other purposes.

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HR 1149. By Representative Holmes of the 125th:
A RESOLUTION recognizing and commending Deacon Gus Whitlock; and for other purposes.
The following Resolution of the House was read:
HR 1140. By Representative O`Neal of the 146th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2012 regular session of the General Assembly for the period of Friday, January 27, 2012, through Monday, March 12, 2012, shall be as follows:
Friday, January 27 through Sunday, January 29 .................................................in adjournment Monday, January 30 ..................................................................in session for legislative day 10 Tuesday, January 31 ..................................................................in session for legislative day 11 Wednesday, February 1 .............................................................in session for legislative day 12 Thursday, February 2 ................................................................in session for legislative day 13 Friday, February 3 .....................................................................in session for legislative day 14 Saturday, February 4 and Sunday, February 5 ....................................................in adjournment Monday, February 6 ..................................................................in session for legislative day 15 Tuesday, February 7 ..................................................................in session for legislative day 16 Wednesday, February 8 .............................................................in session for legislative day 17 Thursday, February 9 ................................................................in session for legislative day 18 Friday, February 10 through Tuesday, February 14............................................in adjournment Wednesday, February 15 ...........................................................in session for legislative day 19 Thursday, February 16 ..............................................................in session for legislative day 20 Friday, February 17 ...................................................................in session for legislative day 21 Saturday, February 18 and Sunday, February 19 ................................................in adjournment Monday, February 20 ................................................................in session for legislative day 22 Tuesday, February 21 ................................................................in session for legislative day 23 Wednesday, February 22 ...........................................................in session for legislative day 24 Thursday, February 23 ..............................................................in session for legislative day 25 Friday, February 24 through Sunday, February 26 .............................................in adjournment Monday, February 27 ................................................................in session for legislative day 26 Tuesday, February 28 ................................................................in session for legislative day 27 Wednesday, February 29 ...........................................................in session for legislative day 28 Thursday, March 1 through Sunday, March 4.....................................................in adjournment Monday, March 5 ......................................................................in session for legislative day 29 Tuesday, March 6 ................................................................................................in adjournment Wednesday, March 7 .................................................................in session for legislative day 30

MONDAY, JANUARY 23, 2012

107

Thursday, March 8 through Sunday, March 11...................................................in adjournment Monday, March 12 ....................................................................in session for legislative day 31

BE IT FURTHER RESOLVED that on and after March 12, 2012, the periods of adjournment of the 2012 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

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 Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd
Frazier E Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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On the adoption of the Resolution, the ayes were 162, nays 0.
The Resolution was adopted.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Purcell of the 159th, Burns of the 157th, and Rynders of the 152nd.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, JANUARY 24, 2012

109

Representative Hall, Atlanta, Georgia

Tuesday, January 24, 2012

Seventh Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Abrams Allison Amerson Anderson Ashe Atwood Baker Battles E Beasley-Teague Bell Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant E Buckner Burns E Byrd Carson Carter Casas Channell Cheokas Clark, V Coleman Collins E Cooke Coomer

Crawford Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Dollar Drenner Dudgeon E Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Floyd Frazier E Fullerton Gardner Geisinger Gordon Greene Hamilton Harbin Harden, B Harden, M Harrell Hatchett

E Hatfield Heard Hembree Henson Hightower Hill Holcomb Holmes Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jasperse
E Jerguson Johnson Jones, J Jones, S Kaiser Kendrick Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Manning

Marin Martin Maxwell Mayo McBrayer McCall McKillip Mitchell Morgan Murphy Neal, J Neal, Y Nimmer Nix Oliver O'Neal Pak Parent Parrish Parsons Peake Powell, J Purcell Ramsey Reece Rice Riley Roberts Rogers, C Rynders E Scott, M Scott, S

Shaw Sheldon Sims, B Sims, C Smith, E Smith, K Smith, L Smith, R Smith, T Spencer Stephens, M Stephens, R E Stephenson Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Watson Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Yates Ralston, Speaker

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

Representatives Abdul-Salaam of the 74th, Clark of the 98th, Cooper of the 41st, Fludd of the 66th, Golick of the 34th, Hanner of the 148th, Jordan of the 77th, Meadows of the 5th, Morris of the 155th, Mosby of the 90th, Powell of the 29th, Rogers of the 10th, Setzler of the 35th, and Williamson of the 111th.

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They wished to be recorded as present.
Prayer was offered by Pastor Stanford L. Anderson, Calvary Missionary Baptist Church, Richmond Hill, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 680. By Representatives Dickerson of the 95th, Fludd of the 66th, Stephenson of the 92nd, Holt of the 112th, Randall of the 138th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to define certain terms; to provide that a person commits defamation when he or she causes an unknowing person wrongfully to be identified as the person in an obscene depiction; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 681. By Representatives Dickerson of the 95th, Fludd of the 66th, Clark of the 104th, Harrell of the 106th, Rice of the 51st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to revise definitions relating to food sales establishments and food service establishments; to exempt certain activities relating to public and private schools and nonprofit entities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 749. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide education districts for the Calhoun County Board of Education," approved April 13, 1992 (Ga. L. 1992, p. 6119), so as to provide for new education districts; to provide for the continuation in office of current office holders; to provide for the submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 750. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6123), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and the election of their successors; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 751. By Representative Holmes of the 125th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Jasper County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting

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Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 752. By Representative Holmes of the 125th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4036), so as to provide for staggered terms for the board of commissioners; to provide for manner of election; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 753. By Representative Holmes of the 125th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4476), so as to change the description of the education districts for the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current board members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 754. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under

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the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 755. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Candler County, approved January 15, 1993 (Ga. L. 1993, p. 3529), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 756. By Representatives Channell of the 116th and Kidd of the 141st:
A BILL to be entitled an Act to amend an Act to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), as amended, so as to provide that the local law provisions relating to the State Court of Putnam County shall be updated and consolidated; to provide for the furnishing of facilities for the court; to provide for terms of court; to provide for practice and procedure; to provide for the clerk of the court and for a court reporter; to provide for costs and for fines and bond amounts; to provide for the solicitor-general of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 757. By Representatives Channell of the 116th and Kidd of the 141st:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for

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preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 758. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4557), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for legislative intent; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 759. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Glynn County, approved February 21, 1873 (Ga. L. 1873, p. 256), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3697), so as to provide for the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of the current members; to provide for the manner of election of members and for filling of vacancies; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 760. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds for elementary and secondary education, so as to replace the

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exceptional growth program with an expansion of the maximum entitlement level for regular capital outlay earnings; to increase requirements relating to the advance funding program; to eliminate requirements for a nonbinding referendum for a school closure; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 761. By Representatives Parsons of the 42nd, Wilkinson of the 52nd, Dollar of the 45th and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to add an exemption with respect to the sale or use by a government contractor of overhead materials for a limited period of time; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 762. By Representatives England of the 108th, Benton of the 31st, Harden of the 28th and McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new superior court judgeship for the Piedmont Judicial Circuit; to provide for the initial appointment, election, and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising the judicial circuit; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 763. By Representatives Atwood of the 179th, Pak of the 102nd, Willard of the 49th, Ramsey of the 72nd and Maddox of the 127th:
A BILL to be entitled an Act to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to clarify that certain persons shall be ineligible to serve as trial or grand jurors; to provide for the use of jurors summoned prior to the compilation of county master jury lists;

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to revise provisions relating to the qualifications of grand jurors; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.
Referred to the Committee on Judiciary.
HB 764. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3970), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for manner of election; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 765. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 766. By Representatives Benton of the 31st, England of the 108th, Burns of the 157th, Meadows of the 5th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which

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such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 767. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4225), so as to describe new election districts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 768. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4229), so as to provide for commissioner districts from and by which members of the board of commissioners are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 769. By Representatives Geisinger of the 48th, Willard of the 49th, Oliver of the 83rd, Lindsey of the 54th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel division, so as to provide that, until such time as the division is appropriately funded, it shall not be necessary to file copies of filings with the Public Service Commission with the division; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.

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HB 770. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Harris County, approved January 15, 1993 (Ga. L. 1993, p. 3538), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal a specific local Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 771. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3888), so as to change the description of the commissioner districts; to provide definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 772. By Representatives Holt of the 112th, Welch of the 110th and Dickerson of the 95th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4004), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 773. By Representatives Holt of the 112th, Welch of the 110th and Dickerson of the 95th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3778), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 774. By Representatives Holt of the 112th and Williams of the 113th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Morgan County, approved March 25, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3748), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 775. By Representatives Holt of the 112th and Williams of the 113th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, particularly by an Act approved April 4, 2002 (Ga. L. 2002, p. 3741), so as to change the composition and description of the education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 776. By Representatives Sims of the 119th, Harbin of the 118th, Maxwell of the 17th and Ramsey of the 72nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections, so as to provide that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 777. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Terrell County, approved February 28, 1966 (Ga. L. 1966, p. 2610), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3782), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 778. By Representatives Hanner of the 148th and Neal of the 1st:
A BILL to be entitled an Act to amend Code Section 42-5-60, relating to hiring out of inmates, participation of inmates in programs of volunteer service, sale of products produced by inmates, disposition of proceeds, and payment to inmates for services, so as to clarify provisions relating to inmates performing services for municipalities, counties, and other political subdivisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 779. By Representatives Harden of the 147th and Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating the laws relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended,

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particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4102), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 780. By Representatives Kendrick of the 94th, Beverly of the 139th, Williams of the 89th and Beasley-Teague of the 65th:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to provide that it shall be unlawful for an employer to fail or refuse to hire, bar, discharge from employment, or otherwise discriminate against an individual because of the individual's credit history or credit report; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 781. By Representatives Kendrick of the 94th, Stephenson of the 92nd, Mitchell of the 88th, Beverly of the 139th, Holcomb of the 82nd and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, so as to provide that after December 31, 2012, any document or instrument made for the purpose of securing the payment of money for real property shall be deemed to be a mortgage; to provide that a court shall not enter a deficiency decree; to provide that no law suit to recover deficiency shall be maintained; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 782. By Representatives Kendrick of the 94th, Beverly of the 139th, Long of the 61st, Cooper of the 41st, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection generally, so as to require animal shelters that euthanize animals to maintain

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a registry of animal rescue groups willing to accept animals subject to euthanasia; to provide a short title; to provide a definition; to provide eligibility criteria for rescue groups; to provide for information to be included in the registry; to prohibit animal shelters from euthanizing an animal without affording rescue groups the opportunity to take possession of the animal; to provide for exceptions; to authorize animal shelters to impose a fee for surrendering animals; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 783. By Representative Hatchett of the 143rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 784. By Representatives Maxwell of the 17th and Cooke of the 18th:
A BILL to be entitled an Act to amend an Act relating to the board of education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4415), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 785. By Representatives Peake of the 137th, Watson of the 163rd, Sheldon of the 105th, Maxwell of the 17th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide

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for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 786. By Representatives Hembree of the 67th and Geisinger of the 48th:
A BILL to be entitled an Act to amend Chapter 57 of Title 33 of the Official Code of Georgia Annotated, relating to the consumers' insurance advocate, so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 787. By Representatives Setzler of the 35th, Dempsey of the 13th and Houston of the 170th:
A BILL to be entitled an Act to amend Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to governing and regulation of mental health, so as to provide that any changes by the Department of Behavioral Health and Developmental Disabilities to allocation rates or formulas for providers must have legislative ratification; to provide that provider contracts include certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HR 1141. By Representative Holmes of the 125th:
A RESOLUTION dedicating State Route 22 in the City of Gray from the eastern city limit to its intersection with State Route 11 as the Herman E. Black Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 1142. By Representatives Spencer of the 180th, Lane of the 167th, Atwood of the 179th, Hatfield of the 177th, Nimmer of the 178th and others:

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A RESOLUTION honoring the life and service of Sgt. Carlton "Dan" Jenkins and dedicating an interchange in his memory; and for other purposes

Referred to the Committee on Transportation.

HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1151. By Representatives Brockway of the 101st, Lindsey of the 54th, Sheldon of the 105th, Teasley of the 38th, Allison of the 8th and others:

A RESOLUTION creating the Joint Human Trafficking Study Commission; and for other purposes.

Referred to the Committee on Judiciary.

HR 1152. By Representative Holt of the 112th:

A RESOLUTION honoring the life of Mr. J. Dixon Hays and dedicating a road in his memory; and for other purposes.

Referred to the Committee on Transportation.

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

HB 743 HB 745 HB 747 HR 1137

HB 744 HB 746 HB 748

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

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HR 1131 Do Pass HR 1143 Do Pass

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

HOUSE RULES CALENDAR TUESDAY, JANUARY 24, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 7th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 295 HB 424

Georgia State Employees Pension and Savings Plan; transfer of accrued benefit; provide (Ret-Maxwell-17th) Superior Court Clerks' Retirement Fund; death benefit for members; provide (Ret-Weldon-3rd)

Modified Open Rule

HB 713

Quality Basic Education Act; career and college readiness initiatives; delay implementation (Ed-Nix-69th)

Modified Structured Rule

HB 683

Garnishment proceedings; filing of certain answers may be done by authorized officers or employees; provisions (Substitute)(Judy-Willard49th)

Structured Rule

None

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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Pursuant to HR 1131, the House recognized and commended the 2011 Calhoun High School football team on their Class AA Championship and invited them to be recognized by the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1153. By Representatives Ralston of the 7th, Amerson of the 9th, Collins of the 27th and Williams of the 4th:
A RESOLUTION honoring North Georgia College and State University and inviting its President Dr. Bonita C. Jacobs to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1154. By Representatives Peake of the 137th, Randall of the 138th, Dickey of the 136th, Beverly of the 139th, Holmes of the 125th and others:
A RESOLUTION recognizing and commending Wesleyan College; and for other purposes.
HR 1155. By Representative Williamson of the 111th:
A RESOLUTION recognizing and commending Mr. James V. Burgess, Jr., of Social Circle, Walton County, Georgia, for his outstanding public service; and for other purposes.
HR 1156. By Representative Williamson of the 111th:
A RESOLUTION recognizing and commending Mrs. Anne Shepherd Peppers of Social Circle, Walton County, Georgia, for her extraordinary public service; and for other purposes.
HR 1157. By Representative Houston of the 170th:
A RESOLUTION celebrating the birth of Lillian "Lila" Teague Houston; and for other purposes.
The following member was recognized during the period of Morning Orders and addressed the House:
Representative Cheokas of the 134th.

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Pursuant to HR 1143, the House recognized January 24, 2012, as Georgia Music Day at the capitol and invited Georgia Music Partners and the Recording Academy Atlanta Chapter to be recognized by the House of Representatives.
Pursuant to HR 1117, the House recognized January 24, 2012, as Tourism and Hospitality Day at the state capitol and commended the tourism industry of Georgia.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Bruce of the 64th, Setzler of the 35th, Morgan of the 39th, Atwood of the 179th, Smith of the 168th, Kendrick of the 94th, Dickey of the 136th, Dunahoo of the 25th, Collins of the 27th, and Rogers of the 26th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1131. By Representative Meadows of the 5th:
A RESOLUTION recognizing and commending the 2011 Calhoun High School football team on their Class AA Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1143. By Representatives Stephens of the 164th, Pruett of the 144th, Sims of the 119th, Channell of the 116th, Watson of the 163rd and others:
A RESOLUTION recognizing January 24, 2012, as Georgia Music Day at the capitol and inviting Georgia Music Partners and the Recording Academy Atlanta Chapter to be recognized by the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 713. By Representatives Nix of the 69th, Davis of the 109th, Carter of the 175th, Coleman of the 97th, Kaiser of the 59th 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 delay implementation of some career and college readiness initiatives until the 2013-2014 school year; to require career education in grades kindergarten through 12; to change the mandated

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assessment for postsecondary readiness to the end of the eleventh grade; 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
Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins E Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long
Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre
Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 162, nays 1.

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

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Due to a mechanical malfunction, the vote of Representative Fullerton of the 151st was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representatives Abdul-Salaam of the 74th, Atwood of the 179th and Spencer of the 180th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 572. By Representative Epps of the 140th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4048), so as to change provisions relating to the compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1140. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 683. By Representatives Willard of the 49th, Smith of the 131st, Welch of the 110th, McCall of the 30th and Dickey of the 136th:
A BILL to be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of certain garnishees may

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be done by authorized officers or employees and shall not constitute the practice of law; to provide for definitions; to provide that delivery to the court of money or property that is subject to garnishment may likewise be accomplished by certain officers or employees of an entity; to conform the terminology of the chapter to reflect defined terms; to change provisions relating to service of garnishment actions; to increase the amount of attorney's fees a garnishee may deduct from the sums paid into court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of certain garnishees may be done by authorized officers or employees and shall not constitute the practice of law; to provide for definitions; to provide that delivery to the court of money or property that is subject to garnishment may likewise be accomplished by certain officers or employees of an entity; to conform the terminology of the chapter to reflect defined terms; to change provisions relating to service of garnishment actions; to increase the amount of attorney's fees a garnishee may deduct from the sums paid into 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 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by revising Code Section 18-4-1, relating to practice and procedure generally, as follows:
"18-4-1. (a) As used in this chapter, the terms 'garnishee answer,' 'garnishee's answer,' or 'answer of garnishee' means the response filed by a garnishee responding to a summons of garnishment detailing the property, money, or other effects of the defendant that are in the possession of the garnishee or declaring that the garnishee holds no such property, money, or other effects of the defendant. (b) The procedure in garnishment cases shall be uniform in all courts throughout this state; and, except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings."

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SECTION 2. Said chapter is further amended by revising Code Section 18-4-3, relating to amendment of affidavits, bonds, or pleadings, as follows:
"18-4-3. Unless otherwise provided in this chapter, any affidavit, bond, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment thereon."
SECTION 3. Said chapter is further amended in Article 1, relating to general provisions, by adding a new Code section to read as follows:
"18-4-8. (a) As used in this Code section, the term:
(1) 'Entity' means a public corporation or a corporation, limited liability company, partnership, limited partnership, professional corporation, firm, or other business entity other than a natural person. (2) 'Public corporation' means the State of Georgia or any department, agency, branch of government, or State of Georgia political subdivision, as such term is defined in Code Section 50-15-1, or any public board, bureau, commission, or authority created by the General Assembly. (b) When a garnishment proceeding is filed in a court under any provision of this chapter involving an entity as garnishee, the execution and filing of a garnishee answer may be done by an entity's authorized officer or employee and shall not constitute the practice of law. If a traverse or claim is filed to such entity's garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings. (c) An entity's payment into court of any property, money, or other effects of the defendant, or property or money which is admitted to be subject to garnishment, may be done by an entity's authorized officer or employee and shall not constitute the practice of law."
SECTION 4. Said chapter is further amended by revising paragraphs (1) and (2) of subsection (i) of Code Section 18-4-20, relating to property subject to garnishment generally, as follows:
"(1) The name of the defendant, and, to the extent such would reasonably enable the garnishee to answer properly respond to the summons, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof; (2) The service address and the current addresses of the defendant and, to the extent such would reasonably enable the garnishee to answer properly respond to the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant;"

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SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 18-4-21, relating to the garnishment of salaries of officials and employees of the state and its political subdivisions, as follows:
"(a) Money due officials or employees of a municipal corporation or county of this state or of the state government, or any department or institution thereof, as salary for services performed for or on behalf of the municipal corporation or county of this state, or the state, or any department or institution thereof, shall be subject to garnishment, except in no event may the officials' or employees' salary for services performed for or on behalf of any municipal corporation or county of this state, or the state, or any department or institution thereof, be garnisheed where the judgment serving as a basis for the issuance of the summons of garnishment arises out of the liability incurred in the scope of the officials' or employees' governmental employment while responding to an emergency. In such cases, the summons shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary due, or upon the chief administrative officer of the political subdivision, department, agency, or instrumentality; and such entity is required to answer shall be required to respond to the summons in accordance with the mandate thereof and as provided by this chapter."
SECTION 6. Said chapter is further amended by revising Code Section 18-4-23, relating to the manner of service of summons of garnishment on corporations, as follows:
"18-4-23. The method of service Service of a summons of garnishment shall be made by serving the agent in charge of the office or other place of business where the defendant is employed. In the event that such service cannot be made, then service of a summons of garnishment upon the agent in charge of either the registered office or the principal place of business of a corporation shall be sufficient as provided in Code Section 9-114."
SECTION 7. Said chapter is further amended by revising Code Section 18-4-62, relating to the contents and service of the summons of garnishment and requirements for filing of an answer to the summons of garnishment, as follows:
"18-4-62. (a) The summons of garnishment shall be directed to the garnishee, commanding him to file an answer the garnishee to respond stating what money or other property is subject to garnishment. Except as provided in subsection (b) or (c) of this Code section, the garnishee's answer must shall be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after the service of the summons and must shall be accompanied by the money or other property subject to garnishment. Upon the affidavit and summons being delivered to the sheriff, marshal, constable, or

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like officer of the court issuing the summons, it shall be his or her duty to serve the summons of garnishment, as set forth in Code Section 18-4-23, upon the person to whom it is directed and to make his an entry of service upon the affidavit and return the affidavit to the court. The summons of garnishment shall state that, if the garnishee fails to file a garnishee's answer to the summons, a judgment by default will be entered against the garnishee for the amount claimed by plaintiff against the defendant. (b) Under circumstances where the defendant has been an employee of the garnishee, and if the defendant is no longer employed by the garnishee, and if the garnishee has no money or property of the defendant subject to garnishment, the garnishee may immediately file an the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after the service of the summons. (c) If the garnishee is a bank or other financial institution and if the defendant does not have an active account with, and is not the owner of any money or property in the possession of, the bank or financial institution, then the garnishee may immediately file an a garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after the service of the summons."

SECTION 8. Said chapter is further amended by revising paragraphs (2), (4), and (6) of Code Section 18-4-66, relating to forms for postjudgment garnishment, as follows:
"(2) Summons of garnishment.

IN THE ______ COURT OF __________ COUNTY STATE OF GEORGIA

__________ Plaintiff
v.
__________ Defendant Social security number
__________ Garnishee
__________ Address

) ) ) ) Civil action ) File no. ____ ) ) ) ) ) ) ) ) ) )

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SUMMONS OF GARNISHMENT

To: ______________ Garnishee

Amount claimed due by plaintiff

$________

(To be completed by plaintiff)

Plus court costs due on the summons

$________

(To be completed by the clerk)

YOU ARE HEREBY COMMANDED to hold immediately all property, money,

wages, except what is exempt, belonging to the defendant, or debts owed to the

defendant named above at the time of service of this summons and between the time

of service of this summons and the time of making your garnishee answer. Not

sooner than 30 days but not later than 45 days after you are served with this summons,

you are commanded to file your garnishee answer in writing with the clerk of this

court and serve a copy upon the plaintiff or his the plaintiff's attorney named below.

Money or other property subject to this summons should be delivered to the court

with your garnishee answer. Should you fail to answer file a garnishee answer to this

summons, a judgment will be rendered against you for the amount the plaintiff claims

due by the defendant.

Witness the Honorable ______________, Judge of said Court.

This ______ day of ______________, ____.

____________________ Clerk,
______ Court of ______ County ____________________ Plaintiff's attorney ______________ Address Service perfected on garnishee, this ____ day of ______________, ____.

____________________ Deputy marshal, sheriff,
or constable"

"(4) Answer of garnishee.

IN THE ______ COURT OF __________ COUNTY STATE OF GEORGIA

__________ Plaintiff
v.

) ) ) ) Civil action

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135

__________ Defendant
__________ Garnishee

) File no. ____ ) ) ) ) )

ANSWER OF GARNISHEE

1.

At the time of service or from the time of service to the time of this garnishee answer,

garnishee had in his its possession the following described property of the defendant:

___________________________________________________________________

___________________________________________________________________

2.

At the time of service or from the time of service to the time of this garnishee answer,

all debt accruing from garnishee to defendant is in the amount of $________.

3.

$________ of the amount named in paragraph 2 was wages earned at the rate of

$________ per ______ for the period beginning

(date) , ____, through the

time of making this garnishee answer. The amount of wages which is subject to this

garnishment is computed as follows:

$ ________ Gross earnings

$ ________ Total social security and withholding tax

$ ________ Total disposable earnings

$ ________ Amount of wages subject to garnishment

4.

Garnishee further states: ________________________________________________.

____________________ Garnishee, or his attorney at law
garnishee's attorney, or officer or employee of an entity garnishee (CERTIFICATE OF SERVICE)"

"(6) Release of garnishment.

IN THE ______ COURT OF __________ COUNTY STATE OF GEORGIA

__________

)

Plaintiff

)

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v.
__________ Defendant
__________ Garnishee
__________ Address

) ) Civil action ) File no. ____ ) ) ) ) ) ) ) )

RELEASE OF GARNISHMENT

To: ______________ Garnishee This is to notify you that you have been released from filing an a garnishee answer to any and all summons of garnishment pending as of this date in the above-styled case. This release authorizes you to deliver to the defendant in garnishment any money or other property in your possession belonging to the defendant. This release does not terminate the garnishment proceedings, nor does this release relieve you of any obligation placed on you by the service of a summons of garnishment subsequent to this date. This ______ day of ______________, ____.

____________________ Clerk,
______ Court of ______ County"

SECTION 9. Said chapter is further amended by revising Code Sections 18-4-80 through 18-4-85, relating to the effect of release of the summons of garnishment on the garnishee, effect of defendant traverse on garnishee, contents of answer of garnishee, service of answer of garnishee on plaintiff or attorney, delivery to court of property admitted to be subject to garnishment, and traverse of answer of garnishee by plaintiff, respectively, as follows:
"18-4-80. A release of summons of garnishment shall relieve the garnishee from any obligation to file an a garnishee answer to any summons of garnishment pending on the date of the release and shall authorize the garnishee to deliver to the defendant in garnishment any money or other property in the garnishee's possession belonging to the defendant. A release shall not operate as a dismissal of the garnishment proceedings.

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18-4-81. When the defendant files his or her traverse, the garnishee is not relieved of filing an a garnishee answer, nor is the garnishee relieved of delivering the money or other property of the defendant which is subject to the garnishment to the court, unless the defendant files in the clerk's office of the court where the garnishment is pending a bond with good security, in favor of the plaintiff, conditioned for the payment of any judgment that may be entered in the proceeding. The bond shall be subject to approval by the clerk of the court; and, upon receipt of a bond deemed acceptable by the clerk, it shall be his the clerk's duty to issue a release of any summons of garnishment pending in the garnishment proceeding. If the plaintiff shall prevail in the proceeding, he the plaintiff shall be entitled to entry of judgment upon such bond against the principal and securities therein, as judgment may be entered against securities upon appeal. Where If the defendant files a bond, no further garnishment process may be filed in any court by the plaintiff against the defendant until the issues raised by the defendant's pleadings are decided.
18-4-82. Within the time prescribed by Code Section 18-4-62, the garnishee shall file his a garnishee answer describing what money or other property is subject to garnishment under Code Section 18-4-20. If the garnishee owes the defendant any sum for wages, the garnishee answer shall also state specifically when the wages were earned by defendant and whether they were earned as daily, weekly, or monthly wages. If the garnishee has been served with summons in more than one garnishment case involving the same defendant, the garnishee shall state in each garnishee answer that the money or other property is being delivered to the court subject to the claims of all the cases and shall give the numbers of all such cases in each garnishee answer. If the garnishee shall be is unable to answer respond as provided for in this Code section, his the garnishee's inability shall appear in his the garnishee's answer, together with all the facts plainly, fully, and distinctly set forth, so as to enable the court to give judgment thereon.
18-4-83. All garnishee answers by the garnishee shall, concurrently with filing, be served upon the plaintiff or his the plaintiff's attorney. Service may be shown by the written acknowledgment of the plaintiff or his the plaintiff's attorney, or by the certificate of the garnishee or his the garnishee's attorney, attached to the garnishee's answer, that a copy of the garnishee's answer was mailed to the plaintiff or his the plaintiff's attorney; provided, however, that no service shall be required unless the name and address of the plaintiff or his the plaintiff's attorney shall appear on the face of the summons of garnishment; provided, further, that, if the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 15 days from the time the plaintiff receives actual notice of the garnishee's answer to traverse the same.

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18-4-84. Along with the garnishee's answer, the garnishee shall deliver to the court the money or other property admitted in the garnishee's answer to be subject to garnishment. If in answering responding to the summons of garnishment, as provided in Code Section 184-82, the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall answer respond to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall hold any contents of such safe-deposit box until the earlier of:
(1) Further order of said court either releasing the garnishment or specifically requiring the garnishee to open such safe-deposit box and deliver any contents thereof to said court upon conditions prescribed by said court; or (2) The elapsing of 120 days from the date of filing of the garnishee answer to the summons of garnishment unless such time has been extended by the court.
18-4-85. If the garnishee serves his garnishee's answer is served on the plaintiff as provided for in Code Section 18-4-83, the plaintiff or claimant must shall traverse the garnishee's answer within 15 days after it is served, or the garnishee is shall be automatically discharged from further liability with respect to the summons so answered."
SECTION 10. Said chapter is further amended by revising Code Sections 18-4-90 through 18-4-92, relating to entry of default judgment upon the failure of garnishee to file an answer to the summons, relief of garnishment from default judgment, and the effect of garnishee's failure to respond properly to a summons of garnishment, respectively, as follows:
"18-4-90. In case the garnishee fails or refuses to file an a garnishee answer by the forty-fifth day after service of the summons, the garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of an a garnishee answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against the garnishee for the amount claimed to be due on the judgment obtained against the defendant.
18-4-91. When a judgment is rendered against a garnishee under Code Section 18-4-90, on a motion filed not later than 60 days from the date the garnishee receives actual notice of the entry of the judgment against him, he may, the garnishee, the garnishee may, upon payment of all accrued costs of court, have the judgment modified so that the amount of the judgment shall be reduced to an amount equal to the greater of $50.00 or $50.00 plus 100 percent of the amount by which the garnishee was indebted to the defendant from the time of service of the summons of garnishment through and including the last day on which a timely garnishee answer could have been made for all money, other

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property, or effects belonging to the defendant which came into the garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made and, in the case of garnishment of wages, less any exemption allowed the defendant by law. Notice to the garnishee by certified mail or statutory overnight delivery shall be sufficient notice as required in this Code section. On the trial of the motion, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that the motion was not filed within the time provided for by this Code section.
18-4-92. On the trial of the plaintiff's traverse, if the court finds the garnishee has failed to answer respond properly to the summons of garnishment, the court shall disallow any expenses claimed by the garnishee and enter a judgment for any money or other property delivered to the court with the garnishee's answer, plus any money or other property the court finds subject to garnishment which the garnishee has failed to deliver to the court; provided, however, that the total amount of such judgment shall in no event exceed the amount claimed due by the plaintiff, together with the costs of the garnishment proceeding."
SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 18-4-92.1, relating to relief of garnishee from liability, as follows:
"(a) A garnishee may be relieved from liability for failure to file a garnishee answer properly to the summons of garnishment if the plaintiff failed to provide the information required by subsection (i) of Code Section 18-4-20 that would reasonably enable the garnishee to answer respond properly to the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determining whether a garnishee may be relieved of liability imposed by Code Section 18-4-92, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to subsection (i) of Code Section 18-4-20 with the manner in which the garnishee maintains and locates its records, the compliance by the garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which the garnishee is located."
SECTION 12. Said chapter is further amended by revising subsections (a) and (b) of Code Section 18-497, relating to the right of garnishee to actual reasonable expenses in making a true answer of garnishment, as follows:
"(a) The garnishee shall be entitled to his the garnishee's actual reasonable expenses, including attorney's fees, in making a true answer preparing and filing a garnishee's answer to a summons of garnishment. The amount so incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in

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other cases. The garnishee may deduct $25.00 $50.00 or 10 percent of the amount paid into court, whichever is greater, not to exceed $50.00 $100.00, as reasonable attorney's fees or expenses. (b) If the garnishee can show that his the garnishee's actual attorney's fees or expenses exceed the amount provided for in subsection (a) of this Code section, he must the garnishee shall petition the court for a hearing at the time of making his filing the garnishee's answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for payment of actual attorney's fees or expenses proven by the garnishee to have been incurred reasonably in making his preparing and filing the garnishee's answer."
SECTION 13. Said chapter is further amended by revising Code Section 18-4-110, relating to the right of the plaintiff who has obtained a money judgment to process of continuing garnishment, as follows:
"18-4-110. In addition to garnishment proceedings otherwise available under this chapter, in cases where a money judgment shall have has been obtained in a court of this state or a federal court sitting in this state, the plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of the defendant against whom the judgment has been obtained. Unless otherwise specifically provided in this article, the methods, practices, and procedures for continuing garnishment shall be the same as for any other garnishment as provided in this chapter, including, but not limited to, those proceedings after a garnishee's answer as provided in Code Section 184-89."
SECTION 14. Said chapter is further amended by revising subsection (c) of Code Section 18-4-112, relating to filing and contents of affidavit for continuing garnishment, as follows:
"(c) The plaintiff, using either forms provided by the court or forms prepared by himself the plaintiff, shall cause forms sufficient for seven garnishee answers to a summons of continuing garnishment to be served on the garnishee along with the summons."
SECTION 15. Said chapter is further amended by revising Code Sections 18-4-113 through 18-4-117, relating to the contents of the summons of continuing garnishment, traverse of answer of garnishee by plaintiff, entry of default judgment against garnishee, effect of and proceedings upon filing of traverse by defendant, and the effect of termination of the employment relationship between garnishee and defendant, respectively, as follows:
"18-4-113. (a) The summons of continuing garnishment shall be directed to the garnishee, who shall be required:

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(1) To file a first garnishee answer no later than 45 days after service of summons of continuing garnishment, which garnishee answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the time of service through and including the day of the first garnishee answer; (2) To file further garnishee answers for the remaining period covered by the summons of continuing garnishment. Further garnishee answers shall be filed no later than 45 days after the previous garnishee answer date. Further garnishee answers shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the previous garnishee answer date through and including the date on which that next garnishee answer is filed. No subsequent garnishee answers shall be required on a summons of continuing garnishment if the last garnishee answer filed states what property, money, or other effects of the defendant are subject to continuing garnishment from the previous garnishee answer date to and including the one hundred seventy-ninth day after service of summons of continuing garnishment. The last garnishee answer shall be filed, notwithstanding the other provisions of this paragraph, no later than the one hundred ninety-fifth day after service. For purposes of this paragraph, 'previous garnishee answer date' means the date upon which the immediately preceding garnishee answer to the summons of continuing garnishment was filed as provided in this subsection; and (3) To accompany all such garnishee answers with any property, money, or other effects of the defendant admitted in the garnishee answer to be subject to continuing garnishment. (b) The summons of continuing garnishment shall state the requirements of subsection (a) of this Code section and shall inform the garnishee that failure to comply with such requirements may result in a judgment against the garnishee for the entire amount claimed due on the judgment against the defendant.
18-4-114. If the garnishee serves his answer garnishee's answer is served on the plaintiff as provided in Code Section 18-4-83, the plaintiff must shall traverse the garnishee answer within 15 days after it is served, or the garnishee is shall be automatically discharged from further liability with respect to such answer the summons so answered.
18-4-115. (a) If the garnishee fails or refuses to file an a garnishee answer at least once every 45 days, the garnishee shall automatically become in default. The default may be opened as a matter of right by the filing of the required garnishee answer within 15 days after the day of default upon payment of costs. If the case is still in default after the expiration of such period of 15 days, judgment by default may be entered at any time thereafter against garnishee for the amount claimed to be due on the judgment obtained against the defendant.

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(b) The garnishee may obtain relief from default judgment entered as provided in subsection (a) of this Code section upon the same conditions as provided in Code Section 18-4-91.

18-4-116. (a) In a continuing garnishment proceeding, upon the filing of a traverse by defendant pursuant to Code Section 18-4-93, no further summons of garnishment may issue nor may any money delivered to the court as subject to garnishment be disbursed until the hearing is held upon defendant's traverse. The filing of a traverse by the defendant does not relieve the garnishee of the duties of filing an a garnishee answer, of withholding property, money, or other effects subject to continuing garnishment, or of delivering to the court any property, money, or other effects subject to continuing garnishment. (b) Nothing in this Code section shall affect the right of the defendant to file bond under this chapter.

18-4-117. Notwithstanding the requirements of Code Section 18-4-113, if the employment relationship between the garnishee and the defendant does not exist at the time of the service of summons of continuing garnishment or terminates during the continuing garnishment, in any garnishee answer required by this article, the garnishee may state that the employment relationship between the garnishee and defendant does not exist or has been terminated, giving the date of termination if terminated on or after service of this summons of continuing garnishment. If no traverse is filed within 15 days after the garnishee answer is served as provided in Code Section 18-4-83, the garnishee is shall be automatically discharged from further liability and obligation under Code Section 18-4-113 for that summons with respect to the period of continuing garnishment remaining after the employment relationship is terminated."

SECTION 16. Said chapter is further amended by revising paragraphs (2) and (3) of Code Section 18-4118, relating to forms for continuing garnishment, as follows:
"(2) Summons of continuing garnishment.

IN THE ______ COURT OF __________ COUNTY STATE OF GEORGIA

__________ Plaintiff
v.
__________ Defendant

) ) ) ) Civil action ) File no. ____ ) )

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143

Social security

)

number

)

)

__________

)

Garnishee

)

)

__________

)

Address

)

SUMMONS OF CONTINUING GARNISHMENT

To: ______________ Garnishee

Amount claimed due by plaintiff

$________

(To be completed by plaintiff)

Plus court costs due on this summons

$________

(To be completed by clerk)

YOU ARE HEREBY COMMANDED to hold immediately all property, money,

wages, except what is exempt, belonging to the defendant, or debts owed to the

defendant named above at the time of service of this summons and between the time

of service of this summons to and including the one hundred seventy-ninth day

thereafter. Not later than 45 days after you are served with this summons, you are

commanded to file your garnishee answer in writing with the clerk of this court and

serve a copy upon the plaintiff or his attorney named below. This garnishee answer

shall state what property, money, and wages, except what is exempt, belonging to the

defendant, or debts owed to the defendant, you hold or owe at the time of service of

this summons and between the time of such service and the time of making your first

garnishee answer. Thereafter, you are required to file further garnishee answers no

later than 45 days after your last garnishee answer. Every further garnishee answer

shall state what property, money, and wages, except what is exempt, belonging to the

defendant, or debts owed to the defendant, you hold or owe at and from the time of

the last garnishee answer to the time of the current garnishee answer. The last

garnishee answer required by this summons shall be filed no later than the one

hundred ninety-fifth day after you receive this summons. Money or other property

admitted in an a garnishee answer to be subject to continuing garnishment must shall

be delivered to the court with your garnishee answers. Should you fail to file

garnishee answers as required by this summons, a judgment will be rendered against

you for the amount the plaintiff claims due by the defendant.

Witness the Honorable ______________, Judge of said Court.

This ______ day of ______________, ____.

____________________ Clerk,
______ Court of __________ County

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____________________ Plaintiff's attorney ______________ Address Service perfected on garnishee, this ______ day of ______________, ____.

(3) Garnishee answer Answer of continuing garnishment.

____________________ Deputy marshal, sheriff,
or constable

IN THE ________ COURT OF __________ COUNTY STATE OF GEORGIA

__________ Plaintiff
v.
__________ Defendant
__________ Garnishee
__________ Address

) ) ) ) Civil action ) File no. ____ ) ) ) ) ) ) ) )

GARNISHEE ANSWER OF CONTINUING GARNISHMENT

1. From the time of service of this summons of continuing garnishment, if this is the first garnishee answer to such summons, otherwise from the time of the last garnishee answer to this summons of continuing garnishment, until the time of this garnishee answer, garnishee had in his garnishee's possession the following described property of the defendant:

____________________________________________________________________

____________________________________________________________________ 2.
From the time of service of this summons of continuing garnishment, if this is the first garnishee answer to such summons, otherwise from the time of the last garnishee

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145

answer to this summons of continuing garnishment, until the time of this garnishee answer, all debts accruing from garnishee to the defendant are in the amount of $________.
3. $________ of the amount named in paragraph 2 was wages earned at the rate of $________ per ________ for the period beginning (date) , ____, through the time of making this garnishee answer. The amount of wages which is subject to this garnishment is computed as follows:
$________ Gross earnings $________ Total social security and withholding tax $________ Total disposable earnings $________ Amount of wages subject to continuing garnishment
4. ( ) If checked, defendant is not presently employed by this garnishee and, if employed by garnishee on or after service of this summons of continuing garnishment, was most recently terminated as of the ______ day of ______________, ____.
5. ( ) If checked, this is the last garnishee answer this garnishee is required to file to the presently pending summons of continuing garnishment in the above-styled case.
6. Garnishee further states: ________.
___________________ Garnishee, or his attorney at law
garnishee's attorney, or officer or employee of an entity garnishee (CERTIFICATE OF SERVICE)"
SECTION 17. Said chapter is further amended by revising Code Sections 18-4-133 through 18-4-135, relating to service of summons, filing further garnishee answers and tendering money, and period of attachment of writ of garnishment, respectively, as follows:
"18-4-133. (a) The summons of continuing garnishment for support shall be directed to the garnishee who shall be required to file a first garnishee answer no later than 45 days after service, which garnishee answer shall state what earnings were payable to the defendant from the time of service through and including the day of the first garnishee answer and the basis for the computation of same, including the rate of pay and hours worked, or salaries, commissions, or other basis of compensation. (b) The garnishee shall accompany such initial garnishee answer with money of the defendant admitted in the garnishee answer to be subject to continuing garnishment for

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support. In computing the amounts subject to this article, the provisions of subsection (f) of Code Section 18-4-20 shall control. (c) The money paid into court with the initial garnishee answer, after deduction for costs, shall be first applied to the periodic support payment accrued on a daily basis from the date of the affidavit of the plaintiff to the date of the initial garnishee answer. All sums in excess of such periodic payment shall be applied to the original arrearage. Original arrearage shall mean those arrears existing as of the date of the making of the plaintiff's affidavit, plus any amounts includable pursuant to subsection (b) of Code Section 18-4-134.
18-4-134. (a) If the amount claimed as original arrearage as of the date of the making of the plaintiff's affidavit is not satisfied by the money payable into court under the initial garnishee answer of the garnishee, after application of the funds as set forth in subsection (c) of Code Section 18-4-133, the garnishee shall file further garnishee answers no later than 45 days after the previous garnishee answer date, stating the earnings accrued and the basis of their accrual and tendering such money accruing in such answer period. The amounts paid into court pursuant to subsequent garnishee answers, over and above the periodic payment accruing within such answer period, shall be applied to the original arrearage until the same is retired. (b) If the earnings paid into court pursuant to any garnishee answer by the garnishee are less than the sums due under the periodic support requirement accruing over the same period of time, after allowance for any costs deductible from same, the resulting difference shall be added to the amount due as original arrearage until the same is retired by subsequent payments. (c) The garnishee shall file additional garnishee answers until the original arrearage is retired and all periodic support payments are current. (d) Upon the termination of employment of the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date and reason for the defendant's termination from employment and stating, to the best of the garnishee's information, the defendant's present residential address and employer.
18-4-135. The writ of garnishment described in this article shall attach for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired. The garnishee may rely upon the information as to the termination date of the duty of support of any individual claimed in the affidavit of garnishment, the amount of the duty of periodic support to be paid, any sums paid by the defendant between the date of the filing of the plaintiff's affidavit and the date of the initial garnishee answer of the garnishee, and the amount of the original arrearage existing as of the date of the affidavit of garnishment, unless the same are traversed by the defendant and the court enters any finding otherwise."

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147

SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

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

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

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles N Beasley-Teague N Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins E Cooke
Coomer Y Cooper Y Crawford

Y Davis N Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd N Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson Y Jacobs N James Y Jasperse E Jerguson Y Johnson Y Jones, J N Jones, S N Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 20.

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

Representative Heard of the 114th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 295. By Representatives Maxwell of the 17th, Benton of the 31st, Meadows of the 5th, Brooks of the 63rd, Buckner of the 130th and others:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide a method of calculating accrued benefits for persons subject to the Georgia State Employees Pension and Savings Plan who transfer between the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia; to provide for the transfer of the accrued benefit amount and the present value of the accrued benefit; to provide that the present value shall be based on methods and assumptions of the transferring system; to provide for the recalculation of benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe E Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT

TUESDAY, JANUARY 24, 2012

149

Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins E Cooke Y Coomer Y Cooper Y Crawford

Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C
Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

Representative Heckstall of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 424. By Representatives Weldon of the 3rd, Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Brooks of the 63rd and others:

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, so as to provide for a death benefit for active and retired members; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe E Atwood Y Baker Y Battles Y Beasley-Teague Y Bell

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal, J Y Neal, Y

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Spencer

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Y Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins E Cooke
Coomer Y Cooper Y Crawford

Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 165, nays 4.

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

Due to a mechanical malfunction, the vote of Representative Murphy of the 120th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Hembree of the 67th moved that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Industrial Relations:

HB 730. By Representatives Hembree of the 67th, Lindsey of the 54th, Geisinger of the 48th and Rynders of the 152nd:

A BILL to be entitled an Act to amend Code Section 36-91-21 and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to competitive award requirements and to general authority, duties, and procedure relative to state purchasing, respectively, so as to provide for certain contracting and bidding requirements for governmental entities and the Department of Administrative Services relative to public works construction contracts; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

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The motion prevailed.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, January 25, 2012

Eighth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

E Abdul-Salaam Abrams Amerson Anderson Ashe Atwood Baker Battles Beasley-Teague Bell Benton Beverly Black Braddock Brockway Brooks Bryant Buckner Burns Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins
E Cooke Coomer

Cooper Davis E Dawkins-Haigler Dempsey Dickerson Dickey Dickson Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Fludd Frazier Fullerton Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell Hatchett

Hatfield Heard Hembree E Henson Hightower Hill Holcomb Holmes Holt Horne Howard Hugley Jackson James Jasperse E Jerguson Johnson Jones, J Jones, S Kaiser Kendrick Kidd Knight Lane Lindsey Maddox, B Maddox, G Manning Marin Martin

Maxwell Mayo McBrayer McCall McKillip Meadows Mitchell Morgan Murphy Nimmer Nix O'Neal Pak Parent Parrish Parsons Powell, A Powell, J Pruett Purcell Ramsey Reece Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M Scott, S

Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R E Stephenson Talton Tankersley Taylor, D Taylor, R Teasley Thomas Watson Welch E Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

Due to a mechanical malfunction, Representative Byrd of the 20th was not recorded on the attendance roll call. She wished to be recorded as present.

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

Representatives Allison of the 8th, Benfield of the 85th, Bruce of the 64th, Crawford of the 16th, Dobbs of the 53rd, Dollar of the 45th, Floyd of the 99th, Gardner of the 57th, Geisinger of the 48th, Heckstall of the 62nd, Houston of the 170th, Hudson of the 124th,

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153

Jacobs of the 80th, Jordan of the 77th, Long of the 61st, Morris of the 155th, Mosby of the 90th, Neal of the 1st, Neal of the 75th, Peake of the 137th, Randall of the 138th, Setzler of the 35th, Shaw of the 176th, Sims of the 169th, Smith of the 168th, and Taylor of the 79th.
They wished to be recorded as present.
Prayer was offered by Reverend Gene Sheffield, Senior Pastor, Jodeco Road United Methodist Church, Stockbridge, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 788. By Representative Spencer of the 180th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Camden County, approved March 30, 1987 (Ga. L. 1987, p. 4943), as amended, particularly by an Act approved August 24, 2001 (Ga. L.

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2001, Ex. Sess., p. 232), so as to change the description of the education districts; to provide for inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 789. By Representative Spencer of the 180th:
A BILL to be entitled an Act to amend an Act to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain officers of Camden County, approved March 25, 2002 (Ga. L. 2002, p. 3609), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 790. By Representatives McBrayer of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5720), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 791. By Representatives McBrayer of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5712), so as to reapportion the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 792. By Representatives Casas of the 103rd, Hembree of the 67th, Allison of the 8th, Amerson of the 9th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Code Section 20-3-250.8 of the Official Code of Georgia Annotated, relating to applications to operate or conduct postsecondary activities under the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for authorization to operate by means of accreditation for nonpublic postsecondary institutions that meet certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 793. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32, relating to dimensions and weight of vehicles and loads, so as to provide for an exception to dimension and weight load requirements for emergency tows of commercial vehicles; to provide for an increase in the maximum vehicle load length for the issuance of an annual permit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 794. By Representatives Mayo of the 91st, Riley of the 50th, Kaiser of the 59th, Lindsey of the 54th and Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change certain definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other matters.
Referred to the Committee on Ways & Means.
HB 795. By Representatives Powell of the 29th, Rice of the 51st, Battles of the 15th and Johnson of the 37th:
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 definitions related to all-terrain vehicles, recreational off-highway vehicles,

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and off-road vehicles to make such definitions consistent with current industry standards and practices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 796. By Representatives Marin of the 96th, James of the 135th, Abrams of the 84th, Fullerton of the 151st, Baker of the 78th and others:
A BILL to be entitled an Act to amend the O.C.G.A., so as to repeal those provisions enacted by House Bill 87 of the 2011 Session of the Georgia General Assembly and related provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 797. By Representatives Jones of the 46th, Coleman of the 97th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to revise funding for state chartered special schools; to provide for submittal of charter petitions to the Charter Committee of the State Board of Education; to provide for resubmittal of a charter petition to a local board of education upon expiration of the charter term of a state chartered special school; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 798. By Representatives Smith of the 168th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to substantially revise the "Ethics in Government Act"; to rename the Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission; to change certain provisions relating to campaign contributions; to change provisions relating to the powers and duties of the commission; to change provisions relating to public officials' conduct and lobbyist disclosure; to change provisions relating to postemployment restrictions on public officers; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to conform certain cross-references; to provide for related matters; and for other purposes.

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Referred to the Committee on Rules.
HB 799. By Representatives Kidd of the 141st, Powell of the 29th, Clark of the 104th, Baker of the 78th and Parent of the 81st:
A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for expungement of a conviction for driving under the influence of alcohol, drugs, or other intoxicating substances under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 800. By Representatives Hatchett of the 143rd, Yates of the 73rd, Amerson of the 9th, Setzler of the 35th, Holcomb of the 82nd and others:
A BILL to be entitled an Act to amend Code Section 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, so as to change certain qualifications for the position of assistant adjutant general; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 801. By Representatives Gardner of the 57th, Beverly of the 139th, Dobbs of the 53rd, Smyre of the 132nd, Buckner of the 130th 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 establish the Georgia Health Insurance Marketplace Authority; to provide for legislative intent; to provide for definitions; to provide for a board of directors; to provide for composition, terms, and officers; to provide for powers and duties of the authority; to provide for the Georgia Health Insurance Marketplace and the Small Business Health Insurance Marketplace; to provide for a trust fund; to provide for advisory committees; to provide for limited liability; to provide for rules and regulations; to provide for accounts and audits; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

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HB 802. By Representatives McKillip of the 115th, Jacobs of the 80th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historic preservation, so as to allow for subdivision of historic property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 803. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1158. By Representatives Greene of the 149th, Hanner of the 148th, Fullerton of the 151st, Kidd of the 141st, Stephens of the 164th and others:
A RESOLUTION honoring the life and memory of the Honorable Jimmie Hodge Timmons, Jr., and designating the Jimmie Hodge Timmons, Jr., Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 1159. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th:
A RESOLUTION compensating Nakiya Jermaine Jackson and providing for a state income tax exclusion with respect to such compensation; and for other purposes.
Referred to the Committee on Appropriations.

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HR 1160. By Representatives Hugley of the 133rd, Smyre of the 132nd and Buckner of the 130th:
A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes.
Referred to the Committee on Appropriations.
HR 1161. By Representatives Buckner of the 130th, Hugley of the 133rd and Smyre of the 132nd:
A RESOLUTION compensating Mr. James A. Cauley and providing for a state income tax exclusion with respect to such compensation; and for other purposes.
Referred to the Committee on Appropriations.
HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Education.
HR 1163. By Representatives Byrd of the 20th, Horne of the 71st, Braddock of the 19th, Holt of the 112th, Brockway of the 101st and others:
A RESOLUTION urging the Georgia Department of Audits and Accounts to create the "Georgia Transparency in Government Spending" website; and for other purposes.
Referred to the Committee on Governmental Affairs.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:
HB 804. By Representatives Heard of the 114th, McKillip of the 115th and Williams of the 113th:

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A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Clarke County for the purpose of ascertaining whether the General Assembly should enact local legislation to change county commission election districts from the current eight member districts and two semi-at-large districts to a new election district plan with nine equally sized districts that match the districts of the Clarke County Board of Education; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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

HB 680 HB 749 HB 751 HB 753 HB 755 HB 757 HB 759 HB 761 HB 763 HB 765 HB 767 HB 769 HB 771 HB 773 HB 775 HB 777 HB 779 HB 781 HB 783 HB 785 HB 787 HR 1142 HR 1151

HB 681 HB 750 HB 752 HB 754 HB 756 HB 758 HB 760 HB 762 HB 764 HB 766 HB 768 HB 770 HB 772 HB 774 HB 776 HB 778 HB 780 HB 782 HB 784 HB 786 HR 1141 HR 1150 HR 1152

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

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161

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 690 HB 701 HB 740

Do Pass Do Pass Do Pass

HB 694 Do Pass HB 702 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

Representative Roberts of the 154th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HR 1103 Do Pass

Respectfully submitted, /s/ Roberts of the 154th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, JANUARY 25, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 8th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

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Modified Open Rule

None

Modified Structured Rule

HB 351

Probate Courts Retirement Fund of Georgia; probate court fines and fees; provide (Substitute)(Ret-Maxwell-17th)

Structured Rule

None

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

HB 690. By Representatives Smith of the 70th and Horne of the 71st:

A BILL to be entitled an Act to amend an Act creating a board of commissioners for Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3809), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

HB 694. By Representatives Smith of the 70th and Horne of the 71st:

A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3701), as amended, particularly by an Act approved April 8, 2002

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(Ga. L. 2002, p. 3801), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 701. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 702. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th:
A BILL to be entitled an Act to amend an Act providing a board of education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved March 18, 2002 (Ga. L. 2002, p. 3600), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 740. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th:

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A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4570), so as to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter
Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson
Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes
Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Fludd Frazier Y Fullerton Gardner Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M

Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Knight Y Lane Y Lindsey Long Y Maddox, B Maddox, G Y Manning

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell
Morgan Morris Mosby Y Murphy Neal, J Neal, Y Y Nimmer Y Nix Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece Y Rice Y Riley Y Roberts Rogers, C Y Rogers, T

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R
Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley
Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Williams, E

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E Cooke Coomer
Y Cooper Crawford

Y Harrell Y Hatchett Y Hatfield
Heard

Y Marin Y Martin Y Maxwell Y Mayo

Y Rynders E Scott, M Y Scott, S
Setzler

E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 136, nays 0.

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

Representatives Dobbs of the 53rd and Heard of the 114th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Pursuant to HR 1145, the House recognized and commended Southwest Airlines on its expansion into Atlanta and Hartsfield-Jackson International Airport, the busiest in the world.

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

Representatives Braddock of the 19th, Taylor of the 55th, and Taylor of the 79th.

By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Education:

HB 706. By Representatives Dudgeon of the 24th, Coleman of the 97th, England of the 108th, Kaiser of the 59th, Dickson of the 6th 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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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HB 351. By Representative Maxwell of the 17th:

A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees in the probate courts, so as to change the portion of such fines paid to the Judges of the Probate Courts Retirement Fund of Georgia; to provide that a portion of certain fines collected in certain state courts shall be paid to such retirement fund; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Article 4 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees in the probate courts, so as to change the portion of such fines paid to the Judges of the Probate Courts Retirement Fund of Georgia; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees in the probate courts, is amended by revising Code Section 47-11-51, relating to payment to fund of a portion of criminal and quasi-criminal fines and forfeited bonds, duty to record and report collection, and penalties, as follows:
"47-11-51 (a) In every criminal and quasi-criminal case for violating state statutes or traffic laws, which case is before a judge of the probate court and in which case a fine is collected or a bond is forfeited, a sum based upon the scale set out below for each case $3.00 shall be collected by the judge, clerk of court, or other collecting authority. Such bond or fine shall be construed to include costs. Such sums shall be paid upon the following scale:

For any fine or bond forfeiture of more than $4.00, but not more than $25.00 $1.00

For any fine or bond forfeiture of more than $25.00, but not more than $50.00 1.50

For any fine or bond forfeiture of more than $50.00 but not more than $100.00 2.00

For any fine or bond forfeiture of more than $100.00

2.50

(b) The sum provided for shall be paid to the board before the payment of any cost or any claims whatsoever against such fine or forfeiture. It is made the duty of the judge of

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167

the probate court or other authority collecting the money to keep accurate records of the amount due the board so that the same may be audited or inspected at any time by any representative of the board at the direction of the board. Sums remitted to the board under this Code section shall be used as provided for elsewhere in this chapter.
(c)(1) All moneys required to be paid to the board by this Code section shall be due on the twentieth day of the month after collection. Each judge of the probate court, clerk of court, or other collecting authority shall pay such moneys to the board no later than such due date and shall submit with such moneys a sworn statement of the number and nature of transactions for which such moneys are required to be paid and the amount due. Such sworn statement shall be on a form furnished to each judge of the probate court by the board. (2) Moneys not paid when due shall bear interest at the rate of 7 percent per annum. (3) Moneys not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of 5 percent of the principal amount delinquent per month for each month such moneys remain delinquent; but such specific penalty shall not exceed 25 percent of the principal amount due. Such specific penalty shall be in addition to the 7 percent per annum interest charged on overdue moneys. All funds due on or before July 10, 1980, shall be delinquent 60 days after such date. (4) For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty in the amount of $5.00 for each month such report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report. (5) By affirmative vote of all the members, the board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by paragraphs (3) and (4) of this subsection."

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

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

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 Atwood Y Baker Y Battles

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson
Dobbs Y Dollar Y Drenner

Heckstall Y Hembree E Henson
Hightower Y Hill Y Holcomb
Holmes Holt N Horne

Y McBrayer Y McCall
McKillip Y Meadows Y Mitchell
Morgan Morris Y Mosby Y Murphy

Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T

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N Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman
Collins E Cooke
Coomer Cooper Crawford

Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd
Knight Y Lane Y Lindsey Y Long Y Maddox, B
Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Neal, J Neal, Y
Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S
Setzler

Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T E Teasley Y Thomas
VACANT VACANT Y Watson Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 137, nays 6.

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

Representatives Bryant of the 160th, Coomer of the 14th, Dobbs of the 53rd, Hightower of the 68th, Holt of the 112th, Hudson of the 124th, Maddox of the 172nd, and Shaw of the 176th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Hill of the 21st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Scott of the 2nd was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Collins of the 27th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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169

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1166. By Representatives Jones of the 46th, Lindsey of the 54th, Riley of the 50th and Martin of the 47th:
A RESOLUTION commending Southwest Airlines on its expansion into Atlanta and Hartsfield-Jackson International Airport, the busiest in the world, and inviting Chief Marketing Officer David Ridley to be recognized by the House of Representatives; and for other purposes.
HR 1167. By Representatives Teasley of the 38th, Manning of the 32nd, Evans of the 40th and Cooper of the 41st:
A RESOLUTION commending Dr. Emily Lembeck and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 1168. By Representatives Sheldon of the 105th and Coleman of the 97th:
A RESOLUTION commending Frank N. Osborne Middle School and inviting Principal John Campbell to be recognized by the House of Representatives; and for other purposes.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 1166 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1166. By Representatives Jones of the 46th, Lindsey of the 54th, Riley of the 50th and Martin of the 47th:
A RESOLUTION commending Southwest Airlines on its expansion into Atlanta and Hartsfield-Jackson International Airport, the busiest in the world, and inviting Chief Marketing Officer David Ridley to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:

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HR 1169. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Matthew Deremer; and for other purposes.
HR 1170. By Representatives Holt of the 112th and Williams of the 113th:
A RESOLUTION commemorating Madison Hardware and Supply; and for other purposes.
HR 1171. By Representatives Scott of the 76th, Jordan of the 77th, Heckstall of the 62nd, Beasley-Teague of the 65th, Neal of the 75th and others:
A RESOLUTION recognizing and commending the Concerned Black Citizens Coalition; and for other purposes.
HR 1172. By Representatives Byrd of the 20th, Pak of the 102nd, Coomer of the 14th, Heckstall of the 62nd, Benfield of the 85th and others:
A RESOLUTION recognizing February 9, 2012, as Georgia Asian Pacific American Day at the capitol; and for other purposes.
HR 1173. By Representatives Morgan of the 39th, Lindsey of the 54th, Kaiser of the 59th, Coleman of the 97th, Evans of the 40th and others:
A RESOLUTION recognizing January 22-28, 2012, as Georgia School Choice Week at the capitol; and for other purposes.
HR 1174. By Representatives Williams of the 165th, Hugley of the 133rd and Abrams of the 84th:
A RESOLUTION recognizing and commending Frances L. Morgan; and for other purposes
HR 1175. By Representatives Frazier of the 123rd, Howard of the 121st, Murphy of the 120th, Abdul-Salaam of the 74th, Bruce of the 64th and others:
A RESOLUTION recognizing Deacon Frank LaFavor and celebrating the occasion of his100th birthday; 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 223. By Senators Ligon, Jr. of the 3rd, Rogers of the 21st, Hill of the 32nd, Ginn of the 47th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; 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 disagreeing to the Senate amendment to the House substitute to SB 223 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, Martin of the 47th and Allison of the 8th.
Representative Coleman of the 97th moved that the following Resolution of the House be withdrawn from the Committee on Ways & Means and recommitted to the Committee on Education:
HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The motion prevailed.

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The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 1098 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Carol W. Hunstein, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Casey Cagle.
The Resolution calling for the Joint Session was read.
The Honorable Carol W. Hunstein appeared upon the floor of the House and addressed the Joint Session.
Senator Williams of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Casey Cagle, announced the Joint Session dissolved.
The Speaker called the House to order.
Representative Maxwell of the 17th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 542 Do Pass, by Substitute HB 635 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, January 26, 2012

Ninth Legislative Day

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 Atwood Baker Battles Beasley-Teague Bell Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins

E Cooke Coomer Cooper Crawford Davis
E Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, J Evans Fludd Frazier Fullerton Gardner Geisinger Golick Gordon Greene Hamilton Hanner Harden, B Harden, M Harrell

Hatchett E Hatfield
Heard Hembree Henson Hightower Hill Holcomb Holmes Holt Horne Houston Hudson Hugley Jackson E Jacobs James E Jerguson Johnson Jones, J E Jones, S Kaiser Kidd Knight Lane Lindsey Maddox, B Maddox, G Manning Marin Martin

Maxwell Mayo McBrayer McCall McKillip Meadows Mitchell Morgan Mosby Murphy Neal, J Nix Oliver O'Neal E Pak Parent Parrish Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Riley Roberts Rogers, T Rynders

E Scott, M Scott, S Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Talton Tankersley Taylor, D Taylor, T Teasley Thomas Watson Welch
E Weldon Wilkinson
E Willard Williams, A Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Burns of the 157th, Dobbs of the 53rd, Dollar of the 45th, Drenner of the 86th, Epps of the 128th, Floyd of the 99th, Heckstall of the 62nd, Howard of the 121st, Jordan of the 77th, Long of the 61st, Morris of the 155th, Neal of the 75th, Nimmer of the 178th, Rice of the 51st, Rogers of the 26th, Setzler of the 35th, Shaw of

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the 176th, Smith of the 168th, Taylor of the 55th, Weldon of the 3rd, Wilkerson of the 33rd, and Williams of the 113th.
They wished to be recorded as present.
Prayer was offered by Reverend Aaron McCollough, Founder and Director, Fresh Fire Ministries, Hogansville, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 684. By Representatives Buckner of the 130th, Neal of the 1st, Stephens of the 164th, Greene of the 149th, Abrams of the 84th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to authorize the Department of Natural Resources to transfer certain operating responsibilities for state parks and

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recreational areas to local governing authorities on certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 805. By Representative Collins of the 27th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make conforming amendments and correct references relative to the abolition of the State Personnel Administration and the transfer of certain functions of such agency to the Department of Administrative Services as provided by a separate Act; to provide an effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 806. By Representatives Roberts of the 154th, England of the 108th, Houston of the 170th, Meadows of the 5th, Davis of the 109th and others:
A BILL to be entitled an Act to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Transportation, so as to provide for the mandatory appropriation of motor fuel tax funds that carry forward from one fiscal year to the next; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 807. By Representatives Taylor of the 55th, Ashe of the 56th, Stephens of the 161st, Evans of the 40th, Scott of the 76th 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 enact the "Dropout Deterrent Act"; to provide for a short title; to revise the age of mandatory education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 808. By Representatives Yates of the 73rd, Collins of the 27th, Black of the 174th, Holcomb of the 82nd, Hatchett of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide for an exclusion applicable to certain income of certain disabled veterans; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 809. By Representatives Peake of the 137th, Rice of the 51st, Roberts of the 154th, Martin of the 47th, Davis of the 109th 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 the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 810. By Representatives Baker of the 78th and Jackson of the 142nd:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to local governments, so as to modify the requirements relating to verification of lawful residency by applicants of business licenses and private employers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 811. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th and others:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to provide for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to

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provide for definitions, procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 812. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd:
A BILL to be entitled an Act to amend an Act creating the Douglas County Board of Education, approved April 13, 1982, (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5149), so as to provide for the continuation in office of current members of the board of education; to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 813. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4494), so as to reapportion the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 814. By Representatives Atwood of the 179th, Lane of the 167th, Pak of the 102nd, Willard of the 49th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.

HR 1164. By Representatives Williams of the 165th, Stephens of the 164th, Dutton of the 166th, Jackson of the 142nd and Jasperse of the 12th:

A RESOLUTION recognizing Mr. Clarence Williams, Sr., on his outstanding public service and dedicating an overpass in his honor; and for other purposes.

Referred to the Committee on Transportation.

HR 1165. By Representatives Gordon of the 162nd, Stephens of the 164th, Stephens of the 161st, Watson of the 163rd, Bryant of the 160th and others:

A RESOLUTION urging the Governor and Lieutenant Governor should the budget allow for it to base a Georgia Film Commission in SavannahChatham, Georgia; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

HR 1176. By Representatives Kidd of the 141st, Harden of the 147th, Houston of the 170th and Dempsey of the 13th:

A RESOLUTION to create the House Department of Behavioral Health and Developmental Disabilities Oversight Committee; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1177. By Representatives Williams of the 113th and Channell of the 116th:

A RESOLUTION recognizing United States military veterans and dedicating a highway in their honor; and for other purposes.

Referred to the Committee on Transportation.

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

HB 788 HB 790 HB 792 HB 794 HB 796

HB 789 HB 791 HB 793 HB 795 HB 797

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HB 798 HB 800 HB 802 HB 804 HR 1159 HR 1161 HR 1163

HB 799 HB 801 HB 803 HR 1158 HR 1160 HR 1162

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 709 Do Pass HB 723 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

HB 709. By Representatives Stephens of the 164th and Tankersley of the 158th:

A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, specifically by an Act approved September 15, 2001 (Ga. L. 2001 Ex. Sess., p. 290), so as to reconstitute the board of education; to change the description of the education districts; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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HB 723. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:

A BILL to be entitled an Act to amend an Act to change the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3645), so as to change manner of election of members of the board of education; to provide for vacancies; to provide for legislative intent; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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
Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Y Fludd Y Frazier Y Fullerton Y Gardner
Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse E Jerguson Y Johnson
Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J
Neal, Y Y Nimmer Y Nix
Oliver Y O'Neal E Pak Y Parent Y Parrish Y Parsons Y Peake
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece
Rice Y Riley

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch E Weldon Y Wilkerson Y Wilkinson E Willard

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Y Clark, V Y Coleman Y Collins E Cooke Y Coomer Y Cooper Y Crawford

E Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S
Setzler

Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 150, nays 0.

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

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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

HB 571. By Representative Epps of the 140th:

A BILL to be entitled an Act to incorporate the Town of McIntyre, Georgia, and to grant a new charter to said town; to organize the municipal government thereof; to prescribe the corporate limits; to regulate the sale or lease of town utilities, the grant of franchises, and the furnishing of certain practices; to provide for a mayor and aldermen and their function, authority, powers, duties, qualifications, and election; to provide the power of veto and the manner of overriding the same; to repeal an Act incorporating the Town of McIntyre, Georgia, and granting a new charter approved March 30, 1971 (Ga. L. 1971, p. 2370), as amended; to repeal certain other Acts affecting said town; to repeal conflicting laws; and for other purposes.

Mr. Speaker:

The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:

HB 129. By Representatives McKillip of the 115th, Lindsey of the 54th, Hatfield of the 177th, Evans of the 40th and Willard of the 49th:

A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to prohibit a fee for a future

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conveyance of real property except under limited circumstances; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has discharged the Committee of Conference and has appointed a second Committee of Conference on the following bill of the Senate:
SB 223. By Senators Ligon, Jr. of the 3rd, Rogers of the 21st, Hill of the 32nd, Ginn of the 47th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a second Committee of Conference on the part of the Senate the following Senators: Ligon of the 3rd, Hill of the 32nd, and Loudermilk of the 52nd.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 165th, Long of the 61st, and Taylor of the 55th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1178. By Representatives Scott of the 76th, Jordan of the 77th, Neal of the 75th, Beasley-Teague of the 65th and Baker of the 78th:
A RESOLUTION honoring Shekema Silveri for being recognized with the Milken Educator Award and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 1179. By Representatives Scott of the 76th, Jordan of the 77th, Neal of the 75th, Beasley-Teague of the 65th, Clark of the 98th and others:

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A RESOLUTION commending CeVontae Marque Miller and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1180. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION recognizing February 7, 2012, as Columbus Day at the state capitol and inviting Mayor Teresa Tomlinson, Mr. Carmen Cavezza, Mr. Mike Gaymon, Dr. Tim Mescon, Dr. Susan Andrew, and Mr. Bob Jones to be recognized by the House of Representatives; and for other purposes.
HR 1181. By Representatives McCall of the 30th, Williamson of the 111th, Roberts of the 154th, Hudson of the 124th, England of the 108th and others:
A RESOLUTION commending Brianne Bielecki and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 1182. By Representatives Tankersley of the 158th, Burns of the 157th, Parrish of the 156th and Dutton of the 166th:
A RESOLUTION commending Ogeechee Technical College and inviting President Dawn Cartee to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1183. By Representatives Teasley of the 38th, Setzler of the 35th, Carson of the 43rd, Parsons of the 42nd, Evans of the 40th and others:
A RESOLUTION recognizing and commending Rob Garcia; and for other purposes.
HR 1184. By Representative Ehrhart of the 36th:
A RESOLUTION commending the Boy Scouts of America program and recognizing March 21, 2012, as Boy Scouts of America Day at the state capitol; and for other purposes.
HR 1185. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION recognizing and commending Mrs. Mattie Bryant; and for other purposes.

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HR 1186. By Representatives Smyre of the 132nd, Smith of the 131st, Buckner of the 130th, Hugley of the 133rd and Smith of the 129th:
A RESOLUTION honoring the life and memory of Judge John Henry Land; and for other purposes.
HR 1187. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION honoring the life and memory of James O. Brown; and for other purposes.
HR 1188. By Representatives McCall of the 30th, England of the 108th, Hudson of the 124th, Clark of the 104th and Roberts of the 154th:
A RESOLUTION recognizing and commending the Georgia Green Industry Association; and for other purposes.
HR 1189. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Raun Schrock; and for other purposes.
HR 1190. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Sandra Parham; and for other purposes.
HR 1191. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Nicole Richard; and for other purposes.
HR 1192. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Libby Rainey; and for other purposes.

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HR 1193. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Shelia Williams; and for other purposes.
HR 1194. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Chip Roberts; and for other purposes.
HR 1195. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Pat Welch; and for other purposes.
HR 1196. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Susan Usry; and for other purposes.
HR 1197. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Rodney Todd; and for other purposes.
HR 1198. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Justin Strickland; and for other purposes.
HR 1199. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Vicki Parker; and for other purposes.

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HR 1200. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Duncan Criscoe; and for other purposes.
HR 1201. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Anna Dougherty; and for other purposes.
HR 1202. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Lisa Yates; and for other purposes.
HR 1203. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Scott Hendricks; and for other purposes.
HR 1204. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Rachel Thompkins; and for other purposes.
HR 1205. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Carrie Vanderver; and for other purposes.
HR 1206. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Charlene Swain; and for other purposes.

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HR 1207. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Donnan Oyler; and for other purposes.
HR 1208. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Haley Lance; and for other purposes.
HR 1209. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Donald Griffin; and for other purposes.
HR 1210. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A RESOLUTION commending a future leader, Melissa LeBrun; and for other purposes.
HR 1211. By Representatives Dobbs of the 53rd, Buckner of the 130th, Manning of the 32nd, Dawkins-Haigler of the 93rd, Drenner of the 86th and others:
A RESOLUTION commending the Girl Scouts of the United States of America on the occasion of its 100th anniversary and recognizing February 7, 2012, as Girl Scouts Day at the state capitol; and for other purposes.
Representative Davis of the 109th moved that the following Resolution of the House be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Information and Audits:
HR 1163. By Representatives Byrd of the 20th, Horne of the 71st, Braddock of the 19th, Holt of the 112th, Brockway of the 101st and others:
A RESOLUTION urging the Georgia Department of Audits and Accounts to create the "Georgia Transparency in Government Spending" website; and for other purposes.
The motion prevailed.

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Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, January 30, 2012, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, January 30, 2012.

MONDAY, JANUARY 30, 2012

189

Representative Hall, Atlanta, Georgia

Monday, January 30, 2012

Tenth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Abdul-Salaam Abrams Allison Amerson Anderson Ashe Atwood Baker Battles E Beasley-Teague Bell Benfield Benton Black E Braddock Brockway Brooks Bryant Burns Byrd Carson Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Coomer Davis E Dawkins-Haigler

Dempsey Dickerson Dickey Dickson E Dollar Drenner Dudgeon E Dukes Dunahoo Dutton Ehrhart England Epps, J Evans E Floyd Fludd Fullerton Gardner Geisinger Gordon Greene Hamilton Hanner E Harbin Harden, B Harden, M Harrell Hatchett Hatfield Heard

E Henson Hightower Hill Holcomb Holmes Holt Horne Houston
E Howard Hugley Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S Kaiser Kendrick Kidd Knight
E Lane Lindsey
E Long Maddox, B Maddox, G Manning Marin Martin Maxwell

McBrayer E McCall
McKillip Meadows Mitchell Murphy E Neal, J Nimmer Nix Oliver O'Neal Pak E Parent Parrish Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey E Reece Rice Riley Roberts E Rogers, C Rogers, T Rynders E Scott, M Scott, S

Setzler Shaw Sheldon Sims, B Smith, E E Smith, K Smith, L Smith, R Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Taylor, T Teasley E Thomas Watson Welch E Weldon Wilkerson Wilkinson E Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Beverly of the 139th, Bruce of the 64th, Buckner of the 130th, Carter of the 175th, Casas of the 103rd, Cooper of the 41st, Crawford of the 16th, Dobbs of the 53rd, Epps of the 128th, Golick of the 34th, Heckstall of the 62nd, Hembree of the 67th, Hudson of the 124th, Jackson of the 142nd, Jordan of the 77th, Mayo of the 91st, Morris of the 155th, Mosby of the 90th, Neal of the 75th, Randall of the 138th, Sims of the

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169th, Smith of the 168th, Smyre of the 132nd, Stephenson of the 92nd, and Taylor of the 55th.
They wished to be recorded as present.
Prayer was offered by Reverend Jim McRae, III, Canton First United Methodist Church, Canton, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 815. By Representative Kidd of the 141st:
A BILL to be entitled an Act to create the Central State Hospital Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office,

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qualifications, duties, powers, and compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 816. By Representatives Fludd of the 66th, Hudson of the 124th, Mosby of the 90th, Hugley of the 133rd, Abrams of the 84th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to provide a short title; to define certain terms; to provide for a preference for the purchase of products made in or assembled in the United States; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 817. By Representatives Nimmer of the 178th, Roberts of the 154th, Burns of the 157th and Sheldon of the 105th:
A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to the Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains by commercial vehicles on certain roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 818. By Representatives Parsons of the 42nd, Smith of the 131st and Smith of the 122nd:
A BILL to be entitled an Act to amend Code Section 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for clean energy property, so as to include certain commercial geothermal heat

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pumps with the definition of the term 'clean energy property'; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 819. By Representatives Maxwell of the 17th, Smith of the 131st, Ehrhart of the 36th, Davis of the 109th, Rice of the 51st and others:
A BILL to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemption, so as to provide requirements for retail installment sellers to be exempted from reinsurance requirements relating to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 820. By Representatives Maxwell of the 17th, Smith of the 131st, Ehrhart of the 36th, Davis of the 109th, Rice of the 51st and others:
A BILL to be entitled an Act to amend Chapter 63 of Title 33 of the Official Code of Georgia Annotated, relating to guaranteed asset protection waivers, so as to provide for an exception to a retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 821. By Representatives Oliver of the 83rd, Mayo of the 91st, Mitchell of the 88th, Kaiser of the 59th, Ashe of the 56th 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 15 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Education.
HB 822. By Representatives Lindsey of the 54th, Lane of the 167th, Atwood of the 179th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Chapter 3 of Title 23 and Chapter 4 of Title 49 of the O.C.G.A., relating to equitable remedies and proceedings generally and public assistance, respectively, so as to comprehensively address the submission of false claims to the state, the Georgia Medicaid program, and local governments; to enact the "Georgia Taxpayer Protection False Claims Act"; to substantially revise the "State False Medicaid Claims Act"; to change and provide for definitions; to change the elements of false or fraudulent Medicaid claims; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 823. By Representatives Welch of the 110th, Yates of the 73rd, Mosby of the 90th, Baker of the 78th, Mayo of the 91st and others:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Henry County; to provide for the appointment of a county surveyor; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 824. By Representatives Dudgeon of the 24th, England of the 108th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to revise the method of calculating equalization grants; to add an eligibility requirement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 825. By Representatives Nix of the 69th, Ashe of the 56th, Coleman of the 97th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Code Section 20-2-751.7 of the Official Code of Georgia Annotated, relating to the process for students to

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follow in reporting instances of alleged inappropriate behavior by teachers, so as to eliminate a time frame relative to hearings before administrative law judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 826. By Representatives Peake of the 137th, Williams of the 4th, Abrams of the 84th, McBrayer of the 153rd, Baker of the 78th and others:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that any taxes imposed on cigars and little cigars on or after January 1, 2013, shall be collected and paid through the use of stamps; to provide for definitions; to establish a rate of the tax on certain tobacco products; to provide that the commissioner of revenue shall provide by regulation for stamps to be affixed to cigars and little cigars prior to April 10, 2013, for which taxes are collected and paid prior to January 1, 2013; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 827. By Representatives Hembree of the 67th, Talton of the 145th, Purcell of the 159th, Hanner of the 148th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to modify provisions relating to fleeing or attempting to elude a pursuing police vehicle or police officer; to increase the penalty for fleeing or attempting to elude under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 828. By Representatives Hembree of the 67th, Talton of the 145th, Purcell of the 159th, Hanner of the 148th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to modify provisions relating to fleeing or attempting to elude a pursuing police vehicle or police officer; to increase the penalty for fleeing or attempting to elude under certain circumstances; to provide for the forfeiture

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of vehicles used to flee or elude a pursuing police vehicle; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 829. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
HB 830. By Representatives Parent of the 81st, Oliver of the 83rd and Mosby of the 90th:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide certain requirements and standards for the incorporation of new municipal corporations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 831. By Representatives McCall of the 30th, Collins of the 27th, Hatchett of the 143rd and Carter of the 175th:
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 transfer the Division of Rehabilitation Services, including but not limited to the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, from the Department of Labor to the Department of Human Services; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Department of Human Services; to specifically reserve certain laws and amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Human Relations & Aging.

HB 832. By Representative McCall of the 30th:

A BILL to be entitled an Act to amend Code Section 2-14-132.1 of the Official Code of Georgia Annotated, relating to Vidalia onion trademark, royalty, and license fees, so as to eliminate the requirement that the royalty and license fee not exceed a certain amount; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

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

HB 684 HB 806 HB 808 HB 810 HB 812 HB 814 HR 1165 HR 1177

HB 805 HB 807 HB 809 HB 811 HB 813 HR 1164 HR 1176

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 706 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

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197

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 726 HB 727 HB 804

Do Pass Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

Mr. Speaker:

Your Committee on Judiciary Non-Civil has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 231 Do Pass

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

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

HB 726. By Representatives James of the 135th and Dickey of the 136th:

A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Peach County," approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4042), so as to change the description of the districts from which members of such board are elected; to define certain terms and provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 727. By Representatives James of the 135th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the Board of Education of Peach County," approved March 20, 1990 (Ga. L. 1990, p. 4155), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4049), so as to change the description of the districts from which members of such board are elected; to define certain terms and to provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 804. By Representatives Heard of the 114th, McKillip of the 115th and Williams of the 113th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Clarke County for the purpose of ascertaining whether the General Assembly should enact local legislation to change county commission election districts from the current eight member districts and two semi-at-large districts to a new election district plan with nine equally sized districts that match the districts of the Clarke County Board of Education; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To provide for a nonbinding, advisory referendum by the electors of Clarke County for the purpose of ascertaining whether the General Assembly should enact local legislation to change county commission election districts from the current eight member districts and two semi-at-large districts to a new election district plan with nine equally sized districts that match the districts of the Clarke County Board of Education; to provide for

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procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. It is the purpose of this Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the citizens of the Clarke County desire the General Assembly to enact local legislation to change county commission election districts from the current eight member districts and two semi-at-large districts to a new election district plan with nine equally sized districts that match the districts of the Clarke County Board of Education. The advisory referendum provided for in this Act is:
(1) In all respects for the benefit of the people of Clarke County; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the county election superintendent of Clarke County shall call and conduct a nonbinding, advisory referendum election as provided in this section for the purpose of submitting a question to the electors of Clarke County to determine whether a majority of said electors desire the General Assembly to enact local legislation to change county commission election districts from the current eight member districts and two semi-at-large districts to a new election district plan with nine equally sized districts that match the districts of the Clarke County Board of Education. The county election superintendent shall conduct that election on the day of the presidential preference election in March, 2012, and shall issue the call and conduct that election as provided by general law. The county election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clarke County. The ballot shall have written or printed thereon the words:

( ) YES ( ) NO

"NONBINDING ADVISORY REFERENDUM Should the election of county commissioners be changed from the current system, which includes two semi-at-large 'super districts,' to a new election district plan with nine equally sized districts that match the districts of the Clarke County Board of Education?"

All persons desiring to vote for approval of the question shall vote "Yes," and all persons desiring to vote for rejection of the question shall vote "No." The expense of such election shall be borne by Clarke County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Clarke County.

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SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

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

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell N Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns Y Byrd Y Carson
Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson
Dobbs E Dollar Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans E Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger
Golick Y Gordon Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Heckstall Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston E Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Kaiser Y Kendrick Y Kidd Knight E Lane Y Lindsey E Long Y Maddox, B Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer E McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix
Oliver Y O'Neal Y Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall
Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E E Smith, K Y Smith, L Y Smith, R
Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley E Thomas
VACANT VACANT Y Watson Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Williams, R Y Williamson Yates Ralston, Speaker

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On the passage of the Bills, the ayes were 141, nays 1.
The Bills, having received the requisite constitutional majority, were passed.
Representatives Reece of the 11th and Smith of the 168th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Dukes of the 150th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative McKillip of the 115th asked unanimous consent that HB 804 be immediately transmitted to the Senate.
It was so ordered.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Jasperse of the 12th and Amerson of the 9th.
The following Resolutions of the House were read and adopted:
HR 1212. By Representatives Dickerson of the 95th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Kendrick of the 94th and Beasley-Teague of the 65th:
A RESOLUTION recognizing February 23, 2012, as 100 Black Women Empowerment Day at the state capitol; and for other purposes.
HR 1213. By Representatives Drenner of the 86th, Bruce of the 64th, Neal of the 75th, Fludd of the 66th, Beasley-Teague of the 65th and others:
A RESOLUTION honoring and recognizing Richard Ray; and for other purposes.
HR 1214. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Sister Albertha Williams Dennis; and for other purposes.

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HR 1215. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mattie Harper Briscoe; and for other purposes.
HR 1216. By Representative Watson of the 163rd:
A RESOLUTION honoring the life and memory of Raul Salvador Buelvas III; and for other purposes.
HR 1217. By Representatives Wilkinson of the 52nd, Geisinger of the 48th and Lindsey of the 54th:
A RESOLUTION recognizing and commending Leadership Sandy Springs on the occasion of its 25th anniversary; and for other purposes.
HR 1218. By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Taylor of the 79th, Meadows of the 5th, Atwood of the 179th and others:
A RESOLUTION recognizing and commending Colonel Stanley Newcomb Collins, Jr., United States Marine Corps; and for other purposes.
HR 1219. By Representatives Dickerson of the 95th, Holt of the 112th, Welch of the 110th and Davis of the 109th:
A RESOLUTION recognizing and commending Bobby Hamby; and for other purposes.
HR 1220. By Representatives Holt of the 112th and Williams of the 113th:
A RESOLUTION commemorating Madison Hardware and Supply; and for other purposes.
HR 1221. By Representatives Williams of the 89th, Wilkerson of the 33rd, Williams of the 165th, Hugley of the 133rd, Kendrick of the 94th and others:
A RESOLUTION recognizing the Greater Atlanta McDonald's Operators Association; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:

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203

The Senate has adopted the Conference Committee Report (LC 34 3254S) on the following bill of the Senate:
SB 223. By Senators Ligon, Jr. of the 3rd, Rogers of the 21st, Hill of the 32nd, Ginn of the 47th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Tuesday, January 31, 2012

Eleventh Legislative Day

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 Atwood Baker Battles Beasley-Teague Bell Benfield Benton Beverly Black Braddock Brockway Brooks Bryant Buckner Burns Byrd Carson Carter
E Casas Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Coomer

Cooper Crawford Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs E Dollar Drenner Dudgeon Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans E Floyd Frazier Fullerton Gardner Geisinger E Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell

Hatchett Hatfield E Heckstall Hembree Henson Hightower Hill Holcomb Holmes Holt Horne Houston Howard E Hudson Hugley Jackson Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S Kendrick Knight Lane Lindsey Long E Maddox, B Manning Marin Martin

Maxwell Mayo McBrayer McCall McKillip Meadows Mitchell Morris Mosby Murphy Neal, J Nimmer Nix O'Neal Pak Parent Parrish E Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey E Reece Rice Riley Roberts Rogers, C Rogers, T E Scott, M Scott, S

Setzler Shaw Sheldon Sims, B Smith, E E Smith, K E Smith, L Smith, R Smith, T Spencer Stephens, M Stephens, R Stephenson Talton Tankersley Taylor, D E Taylor, R Taylor, T Teasley Thomas Watson Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Bruce of the 64th, Dukes of the 150th, Fludd of the 66th, Jordan of the 77th, Kidd of the 141st, Maddox of the 172nd, Morgan of the 39th, Oliver of the

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205

83rd, Randall of the 138th, Rynders of the 152nd, Sims of the 169th, and Williams of the 113th.
They wished to be recorded as present.
Prayer was offered by Reverend James C. Sapp, Pastor, Camilla United Methodist Church, Camilla, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 833. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County, approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members;

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to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 834. By Representatives Bell of the 58th, Epps of the 128th, Taylor of the 55th, Fullerton of the 151st and Randall of the 138th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, so as to provide for an income tax credit for energy costs of certain families; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 835. By Representatives Roberts of the 154th, Sims of the 169th, Burns of the 157th, Benton of the 31st, Williams of the 165th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, so as to provide for a 5 percent variance of weight limitations for vehicles towing disabled, damaged, or wrecked commercial vehicles; to provide for annual permits for commercial wreckers exceeding the maximum weight and dimensions for vehicles and loads allowed on the state highway system when conducting an emergency tow; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 836. By Representatives Roberts of the 154th, Black of the 174th, Peake of the 137th, McBrayer of the 153rd, McCall of the 30th 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 the creation of the High School Athletics Overview Committee; to provide for its composition, powers, and duties; to provide for reports; to provide for performance criteria; to provide for expenditure of

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funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 837. By Representatives Evans of the 40th, Gordon of the 162nd, Ehrhart of the 36th, Stephens of the 164th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for HOPE grants, so as to lower the minimum cumulative grade point average required for maintaining eligibility for a HOPE grant; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 838. By Representatives Maxwell of the 17th and Braddock of the 19th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4480), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 839. By Representatives Maxwell of the 17th and Braddock of the 19th:
A BILL to be entitled an Act to amend an Act to provide for the election of the members of the Paulding County Board of Education, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4151), so as to revise the districts for the election of members of the board of education; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 840. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5796) so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 841. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th:
A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4124), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 842. By Representatives Benfield of the 85th, Abrams of the 84th and Oliver of the 83rd:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 843. By Representatives Benfield of the 85th, Ashe of the 56th, Kaiser of the 59th, Dobbs of the 53rd, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to provide for a farm to school program to promote the sale of Georgiagrown farm products to county and independent school districts in this state; to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to provide for a program to encourage and solicit county and independent school districts to purchase Georgia-grown farm products; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 844. By Representatives Martin of the 47th, Willard of the 49th, Wilkinson of the 52nd and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 36-62-8 of the Official Code of Georgia Annotated, relating to obligations of an authority, use of proceeds, status as revenue obligations, subsequent series of bonds or notes, bond anticipation notes, interest rates, and issuance and validation, so as to provide for certain validation hearing appearance provisions; to provide that the confirmation and validation of bonds may include ancillary or related agreements or documents; to provide for procedures relating to an individual who desires to be party to the validation proceedings; to provide for related matters; to repeal conflicting law; and for other purposes.
Referred to the Committee on Ways & Means.
HB 845. By Representatives Watson of the 163rd, Cooper of the 41st, Purcell of the 159th, Ramsey of the 72nd and Lindsey of the 54th:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require early care and education programs to provide information on the influenza vaccine; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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

HB 815 HB 817 HB 819 HB 821 HB 823 HB 825 HB 827 HB 829 HB 831

HB 816 HB 818 HB 820 HB 822 HB 824 HB 826 HB 828 HB 830 HB 832

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 749 HB 754 HB 756 HB 758 HB 767 HB 770 HB 777 HB 813

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 750 HB 755 HB 757 HB 759 HB 768 HB 771 HB 779

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 1167 Do Pass

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211

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

HOUSE RULES CALENDAR TUESDAY, JANUARY 31, 2012

Mr. Speaker and Members of the House:

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

DEBATE CALENDAR

Open Rule

HB 337

Sheriffs' Retirement Fund of Georgia; divorced member option to continue coverage; provisions (Ret-Greene-149th)

Modified Open Rule

None

Modified Structured Rule

HB 675

Nurses; approved nursing education programs; revise definitions (H&HSCooper-41st)

Structured Rule

None

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

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HB 749. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide education districts for the Calhoun County Board of Education," approved April 13, 1992 (Ga. L. 1992, p. 6119), so as to provide for new education districts; to provide for the continuation in office of current office holders; to provide for the submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 750. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6123), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and the election of their successors; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 754. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 755. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Candler County, approved January 15, 1993 (Ga. L. 1993, p. 3529), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 756. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to amend an Act to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), as amended, so as to provide that the local law provisions relating to the State Court of Putnam County shall be updated and consolidated; to provide for the furnishing of facilities for the court; to provide for terms of court; to provide for practice and procedure; to provide for the clerk of the court and for a court reporter; to provide for costs and for fines and bond amounts; to provide for the solicitor-general of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 757. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as

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amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 758. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4557), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for legislative intent; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 759. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Glynn County, approved February 21, 1873 (Ga. L. 1873, p. 256), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3697), so as to provide for the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of the current members; to provide for the manner of election of members and for filling of vacancies; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 767. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd:

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215

A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4225), so as to describe new election districts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 768. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4229), so as to provide for commissioner districts from and by which members of the board of commissioners are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 770. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Harris County, approved January 15, 1993 (Ga. L. 1993, p. 3538), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal a specific local Act; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 771. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3888), so as to change the description of the commissioner districts; to provide definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 777. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Terrell County, approved February 28, 1966 (Ga. L. 1966, p. 2610), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3782), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 779. By Representatives Harden of the 147th and Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating the laws relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4102), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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217

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

HB 813. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd:

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4494), so as to reapportion the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd
Carson Y Carter E Casas Y Channell

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs E Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans E Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall E Reece

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K E Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson

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Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

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

Y Lindsey Y Long E Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders E Scott, M Y Scott, S Y Setzler

Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 158, nays 0.

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

Representative Carson of the 43rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

SB 117. By Senators Stone of the 23rd, Davis of the 22nd, Ligon, Jr. of the 3rd, Seabaugh of the 28th, Carter of the 42nd and others:

A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale of property, so as to increase the amount of certain exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 306. By Senators Bulloch of the 11th and Golden of the 8th:

A BILL to be entitled an Act to amend an Act providing for the Board of Education of Thomas County, approved March 30, 1989 (Ga. L. 1989, p. 4321), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3898), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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SB 317. By Senator Grant of the 25th:
A BILL To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 318. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 117. By Senators Stone of the 23rd, Davis of the 22nd, Ligon, Jr. of the 3rd, Seabaugh of the 28th, Carter of the 42nd and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale of property, so as to increase the amount of certain exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 306. By Senators Bulloch of the 11th and Golden of the 8th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Thomas County, approved March 30, 1989 (Ga. L. 1989, p. 4321), as amended, particularly by an Act approved April 11, 2002 (Ga. L.

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2002, p. 3898), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 317. By Senator Grant of the 25th:
A BILL To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 318. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Neal of the 75th, McKillip of the 115th, Williams of the 113th, Heard of the 114th, Smyre of the 132nd, Jerguson of the 22nd, Neal of the 1st, Dickson of the 6th, and Weldon of the 3rd.

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221

Pursuant to HR 1167, the House commended Dr. Emily Lembeck and invited her to be recognized by the House of Representatives.

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

HR 1167. By Representatives Teasley of the 38th, Manning of the 32nd, Evans of the 40th and Cooper of the 41st:

A RESOLUTION commending Dr. Emily Lembeck and inviting her to be recognized by the House of Representatives; and for other purposes.

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

HB 337. By Representatives Greene of the 149th, Maxwell of the 17th and Benton of the 31st:

A BILL to be entitled an Act to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, failure of a member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments, so as to provide that in the event of divorce a retired member who has elected a spouses' option may elect to continue or revoke such coverage; to provide for an increase in benefit; to provide for remarriage; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker N Battles N Beasley-Teague N Bell N Benfield Y Benton

Y Davis N Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs E Dollar N Drenner Y Dudgeon Y Dukes Y Dunahoo N Dutton

Y Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt
Horne N Houston N Howard E Hudson N Hugley

N McBrayer Y McCall Y McKillip
Meadows N Mitchell Y Morgan Y Morris N Mosby N Murphy N Neal, J N Neal, Y N Nimmer Y Nix

Y Shaw N Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K E Smith, L Y Smith, R N Smith, T N Smyre Y Spencer N Stephens, M Y Stephens, R

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Y Beverly Y Black N Braddock N Brockway Y Brooks N Bruce Y Bryant Y Buckner Y Burns E Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins N Cooke Y Coomer Y Cooper N Crawford

Y Ehrhart Y England N Epps, C
Epps, J N Evans N Floyd N Fludd Y Frazier Y Fullerton N Gardner Y Geisinger E Golick N Gordon Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B N Harden, M N Harrell Y Hatchett N Hatfield N Heard

Y Jackson Y Jacobs Y James N Jasperse Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan
Kaiser N Kendrick
Kidd Y Knight Y Lane Y Lindsey N Long E Maddox, B
Maddox, G Y Manning N Marin Y Martin Y Maxwell N Mayo

Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey N Randall E Reece N Rice Y Riley Y Roberts Y Rogers, C N Rogers, T
Rynders E Scott, M N Scott, S
Setzler

Y Stephenson Y Talton Y Tankersley N Taylor, D E Taylor, R Y Taylor, T
Teasley Thomas VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson N Willard N Williams, A Y Williams, C Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 95, nays 58.

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

Representatives Smith of the 168th and Stephens of the 161st stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Maddox of the 172nd and Meadows of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 675. By Representatives Cooper of the 41st, Harden of the 147th, Wilkinson of the 52nd, Kaiser of the 59th, Watson of the 163rd and others:

A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the definitions of "approved nursing education programs" for registered professional nurses and licensed practical nurses; 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.

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223

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 Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns E Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs E Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long E Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip
Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall E Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K E Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T
Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 161, nays 0.

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

Representative Meadows of the 5th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Cooper of the 41st asked unanimous consent that HB 675 be immediately transmitted to the Senate.

It was so ordered.

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Representative Collins of the 27th moved that the following Bill of the House be withdrawn from the Committee on Retirement and recommitted to the Committee on Governmental Affairs:
HB 805. By Representative Collins of the 27th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make conforming amendments and correct references relative to the abolition of the State Personnel Administration and the transfer of certain functions of such agency to the Department of Administrative Services as provided by a separate Act; to provide an effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 133. By Representatives Black of the 174th, Rogers of the 26th, Rynders of the 152nd, Weldon of the 3rd, Knight of the 126th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for conditions of refunding de minimis overpayments; to provide for waiver of de minimis insufficiencies; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Representative Black of the 174th moved that the House insist on its position in disagreeing to the Senate substitute to HB 133 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Black of the 174th, O`Neal of the 146th and Channell of the 116th.
The following Resolutions of the House were read and referred to the Committee on Rules:

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HR 1222. By Representatives Hugley of the 133rd, Smith of the 131st, Smyre of the 132nd and Buckner of the 130th:
A RESOLUTION commending Edwin Jackson and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1223. By Representatives Parrish of the 156th, Tankersley of the 158th, Burns of the 157th, Purcell of the 159th and Dutton of the 166th:
A RESOLUTION commending Alvie Coes III and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1224. By Representatives Jones of the 46th, Maxwell of the 17th, Ramsey of the 72nd, Lane of the 167th and Golick of the 34th:
A RESOLUTION commending Georgia State University, recognizing February 2, 2012, as Georgia State University Day at the state capitol, and inviting President Mark Becker, his wife Laura Voisinet, Coach Bill Curry, Athletic Director Cheryl Levick, and Senior Advisor to the President Tom Lewis to be recognized by the House of Representatives; and for other purposes.
HR 1225. By Representatives Taylor of the 79th, Ralston of the 7th, Cooke of the 18th, Dutton of the 166th, Clark of the 98th and others:
A RESOLUTION commending University of Georgia Head Coach Mark Richt and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1226. By Representatives Murphy of the 120th, Sims of the 119th, Frazier of the 123rd, Howard of the 121st and Smith of the 122nd:
A RESOLUTION commending Dr. Bill Bloodworth and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1227. By Representatives Martin of the 47th, Lindsey of the 54th and Jones of the 46th:
A RESOLUTION recognizing February 1, 2012, as Georgia Food Bank Association Day at the capitol; and for other purposes.

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HR 1228. By Representatives Tankersley of the 158th, Parrish of the 156th, Burns of the 157th, Smith of the 70th, Manning of the 32nd and others:
A RESOLUTION recognizing and commending Jenny Lynn Anderson; and for other purposes.
HR 1229. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION recognizing and commending Jack and Helen Bryant; and for other purposes.
HR 1230. By Representatives England of the 108th, Sheldon of the 105th and Benton of the 31st:
A RESOLUTION recognizing and commending the 2011 Women in Municipal Government Leadership Award Winner, Auburn Mayor Linda Blechinger; and for other purposes.
HR 1231. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Miss Freshman Dacula 2011 Courtney Grap; and for other purposes.
HR 1232. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Little Miss Dacula 2011 Annie Stancel; and for other purposes.
HR 1233. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Miss Sophomore Dacula 2011 Charity Bandy; and for other purposes.
HR 1234. By Representatives Carter of the 175th, Nix of the 69th, England of the 108th, Roberts of the 154th, McCall of the 30th and others:
A RESOLUTION recognizing February 1 to February 28, 2012, as Career and Technical Education Month at the capitol; and for other purposes.
HR 1235. By Representatives Burns of the 157th and Benton of the 31st:
A RESOLUTION honoring and celebrating the 100th birthday of Mary Hudmon Simmons; and for other purposes.

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HR 1236. By Representatives Dudgeon of the 24th, Tankersley of the 158th, Ralston of the 7th, Abrams of the 84th, Hamilton of the 23rd and others:
A RESOLUTION honoring and celebrating the 114th birthday of Dr. Leila Denmark; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, February 1, 2012

Twelfth Legislative Day

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
E Anderson Ashe Atwood Baker Battles
E Beasley-Teague Bell Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins

Coomer Cooper Davis E Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs E Dollar E Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Fludd Frazier Fullerton Gardner Geisinger E Golick Gordon Greene E Hamilton Hanner Harbin Harden, B

Harden, M Harrell Hatchett Hatfield Hembree E Henson Hightower Hill Holcomb Holmes Holt Horne Howard Hudson Hugley E Jackson Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S Kaiser Kendrick Kidd Knight Lane Maddox, B Maddox, G Manning

Marin Martin Maxwell McBrayer McKillip Mitchell Morris Murphy Neal, J Nimmer E Nix Oliver O'Neal Pak Parent Parrish E Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Rice Rogers, C Rogers, T Rynders E Scott, M Scott, S

Setzler Shaw Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Spencer Stephens, M Stephens, R E Stephenson Talton Tankersley Taylor, D E Taylor, R Taylor, T E Teasley Watson Welch Wilkerson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Cooke of the 18th, Crawford of the 16th, Floyd of the 99th, Heckstall of the 62nd, Houston of the 170th, Jordan of the 77th, Long of the 61st, Mayo of the 91st, McCall of the 30th, Meadows of the 5th, Morgan of the 39th, Mosby of the 90th, Neal of

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229

the 75th, Riley of the 50th, Roberts of the 154th, Sims of the 169th, Thomas of the 100th, Weldon of the 3rd, and Wilkinson of the 52nd.
They wished to be recorded as present.
Prayer was offered by Reverend Bill Bolling, Founder and Executive Director, Atlanta Community Food Bank, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 669. By Representatives Clark of the 98th, Allison of the 8th, Ramsey of the 72nd, Welch of the 110th, Cooke of the 18th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to require the reporting of federal funds received by certain state agencies; to provide for definitions; to provide for contingency

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plans in the event of a reduction in federal funds; to provide for submittal of a report to legislative appropriations committees; to provide for legislative recommendations; to provide for legislative study regarding reporting by schools and postsecondary institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 677. By Representatives Holcomb of the 82nd, Thomas of the 100th, Taylor of the 55th, Parent of the 81st, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions for members of the General Assembly, so as to require mandatory drug testing for members of the General Assembly; to provide for legislative intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 846. By Representatives Knight of the 126th and Peake of the 137th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change various administrative and procedural requirements of the Department of Revenue; to provide procedures with respect to the publication of letter rulings; to define the term "ruling"; to substantially modernize the provisions governing the commissioner's levy and sale of personal property; to authorize the commissioner to electronically store, retrieve, and transmit tax executions; to provide that the executions so stored are treated as originals for all purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 847. By Representatives Maddox of the 172nd and Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), as amended, particularly by an Act approved July 20, 2001 (Ga. L. 2001, Ex. Sess. p. 654), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation

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in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 848. By Representatives Dickson of the 6th, Williams of the 4th and Weldon of the 3rd:
A BILL to be entitled an Act to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, approved April 4, 1991 (Ga. L. 1991, p. 3638), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4301), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 849. By Representatives Amerson of the 9th, Rogers of the 26th, Kidd of the 141st, Lindsey of the 54th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, so as to provide that an election superintendent shall call and hold a referendum upon receipt of a resolution or ordinance from the governing authority of a municipality or county desiring to permit or prohibit the manufacture, sale, and distribution of distilled spirits in the political subdivision; to change certain provisions relating to procedure for election for the purpose of nullifying a previous election; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.

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HB 850. By Representatives Harrell of the 106th, Willard of the 49th, Oliver of the 83rd and Holcomb of the 82nd:
A BILL to be entitled an Act to amend Chapter 9 of Title 29 of the Official Code of Georgia Annotated, relating to court proceedings involving guardian and ward, so as to provide for criminal background checks for persons seeking to become a guardian or conservator; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 851. By Representatives Rice of the 51st, Powell of the 29th and Sheldon of the 105th:
A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 852. By Representatives Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees to implement provisions of Article 28, relating to the "Georgia Lemon Law," and enforcement, so as to increase the fee to be collected by new motor vehicle dealers from the consumer for the sale or lease of a new motor vehicle; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 853. By Representatives Ehrhart of the 36th, McCall of the 30th, England of the 108th, Roberts of the 154th and Drenner of the 86th:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to provide a short title; to preempt certain local ordinances relating to production of agricultural or farm products; to protect the right to grow food crops and raise small animals on private property so long as such

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crops and animals or the products thereof are used for human consumption by the occupants, gardeners, or raisers and their households and not for commercial purposes; to define a term; to provide for effect on certain local authority and causes of action; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 854. By Representatives Hamilton of the 23rd, Jerguson of the 22nd, Hembree of the 67th, Amerson of the 9th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, "The Small Business Assistance Act of 1975," so as to provide for changes to certain provisions relating to definitions relative to small business assistance; to change a short title; to revise provisions relating to the composition of the advisory council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Small Business Development and Job Creation.
HB 855. By Representatives Hamilton of the 23rd, Parsons of the 42nd, Martin of the 47th, Horne of the 71st, Drenner of the 86th and others:
A BILL to be entitled an Act to amend Code Section 46-5-167, relating to the Universal Access Fund, so as to establish a limitation on the duration and amount of certain distributions to be made under the Universal Access Fund; to provide for legislative intent; to provide a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 856. By Representatives Scott of the 76th, Jordan of the 77th, Beasley-Teague of the 65th, Dawkins-Haigler of the 93rd and Stephenson of the 92nd:
A BILL to be entitled an Act to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students in elementary and secondary education, so as to provide for attendance with or observation of a student in a classroom situation by a parent or guardian for students who are chronic disciplinary problems or returning from expulsion or suspension; to provide for parent conferences when a student receives a failing grade on

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two consecutive report cards in a subject or course; to provide for proceedings against a parent or guardian who fails to attend such conference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 857. By Representatives Scott of the 76th, Jordan of the 77th, Beasley-Teague of the 65th, Dawkins-Haigler of the 93rd and Stephenson of the 92nd:
A BILL to be entitled an Act to amend Code Section 20-1A-10 of the O.C.G.A., relating to consultation by the Department of Early Care and Learning on early care and education programs and other matters, so as to permit day-care centers to have child safety alarms installed in vehicles they use to transport children; to require the owner or director of a day-care center to ensure proper maintenance and good working order of such child safety alarms; to provide definitions; to require day-care centers to post an inspection report near the entrance; to require the department to promulgate rules and procedures regulating the installation of child safety alarms in vehicles owned and operated by day-care centers; provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 858. By Representatives Rogers of the 26th, Purcell of the 159th and Talton of the 145th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add certain persons to those authorized to receive motor vehicle registration records; to add certain persons to the list of persons authorized to receive motor vehicle certificate of title records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 859. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 20-2-73 of the Official Code of Georgia Annotated, relating to suspension and removal of local school board members under certain circumstances, so as to revise provisions relating to the Governor's authority upon a recommendation by the State Board of Education; to provide that hearings conducted by the State Board of

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Education be open for public comment; to authorize the Governor to impose additional requirements on local school systems or schools which do not have full accreditation; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 860. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th:
A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4340), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 861. By Representatives Harden of the 28th, Ramsey of the 72nd, Allison of the 8th, Dempsey of the 13th, McBrayer of the 153rd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers, so as to require law enforcement agencies to report drug related arrests to the Department of Human Services; to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, so as to require drug testing for applicants and recipients of state administered TANF benefits; to provide for legislative intent; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 862. By Representatives Martin of the 47th and Sheldon of the 105th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions, so as to broaden the types of

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tax liability subject to offset by the qualified education tax credit; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 863. By Representatives Hatchett of the 143rd, Hamilton of the 23rd, Stephens of the 164th, Roberts of the 154th, Carter of the 175th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 1237. By Representatives Martin of the 47th, Meadows of the 5th, Sheldon of the 105th, Hill of the 21st, Roberts of the 154th and others:

A RESOLUTION urging the federal government to cease the collection of motor fuel taxes in Georgia; and for other purposes.

Referred to the Committee on Transportation.

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

HB 833 HB 835 HB 837 HB 839 HB 841 HB 843 HB 845 SB 306 SB 318

HB 834 HB 836 HB 838 HB 840 HB 842 HB 844 SB 117 SB 317

Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:

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237

Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 535 Do Pass, by Substitute
Respectfully submitted, /s/ Yates of the 73rd
Chairman
Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 475 Do Pass, by Substitute
Respectfully submitted, /s/ Stephens of the 164th
Chairman
Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 763 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 49th
Chairman

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Representative Lane of the 167th District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 829 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 167th
Chairman
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 1222 Do Pass
Representative Channell of the 116th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 450 Do Pass
Respectfully submitted, /s/ Channell of the 116th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 1, 2012
Mr. Speaker and Members of the House:

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239

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

DEBATE CALENDAR

Open Rule

HB 542

Employees' Retirement System of Georgia; transfer service credit; provide (Substitute)(Ret-Powell-171st)

Modified Open Rule

None

Modified Structured Rule

HB 706

Elementary and secondary education; delete and clarify provisions (Substitute)(Ed-Dudgeon-24th)

Structured Rule

None

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

Mr. Speaker:

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

SB 136. By Senator Hamrick of the 30th:

A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to provide for transfer of control of a condominium association in certain

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circumstances; to set out public policy concerning the standing of condominium associations to file suit; to provide for priority of certain liens against condominium property and against property subject to a property owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 300. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; to repeal conflicting laws; and for other purposes.
SB 301. By Senators Bulloch of the 11th, Tolleson of the 20th, Shafer of the 48th, Rogers of the 21st, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding hunting, so as to authorize the use of silencers on hunting firearms under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 307. By Senators Ligon, Jr. of the 3rd, Carter of the 1st and Jackson of the 2nd:
A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to licenses, permits, tags, and stamp fees, so as to create a one-day salt-water shore fishing license; to provide for a fee; to repeal conflicting laws; and for other purposes.
SB 309. By Senators Jeffares of the 17th, Bulloch of the 11th, Heath of the 31st, Shafer of the 48th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, so as to authorize issuance of special hunting privileges to persons with a terminal illness; to provide a short title; to provide a definition; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

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SB 136. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to provide for transfer of control of a condominium association in certain circumstances; to set out public policy concerning the standing of condominium associations to file suit; to provide for priority of certain liens against condominium property and against property subject to a property owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 300. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 301. By Senators Bulloch of the 11th, Tolleson of the 20th, Shafer of the 48th, Rogers of the 21st, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding hunting, so as to authorize the use of silencers on hunting firearms under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
SB 307. By Senators Ligon, Jr. of the 3rd, Carter of the 1st and Jackson of the 2nd:
A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to licenses, permits, tags, and stamp fees, so as to create a one-day salt-water shore fishing license; to provide for a fee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.

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SB 309. By Senators Jeffares of the 17th, Bulloch of the 11th, Heath of the 31st, Shafer of the 48th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, so as to authorize issuance of special hunting privileges to persons with a terminal illness; to provide a short title; to provide a definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
Pursuant to HR 1222, the House commended Edwin Jackson and invited him to be recognized by the House of Representatives.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 165th, Dudgeon of the 24th, Kidd of the 141st, Byrd of the 20th, Brockway of the 101st, Ramsey of the 72nd, and Fludd of the 66th.
The following Resolution of the House was read:
HR 1238. By Representative O`Neal of the 146th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2012 regular session of the General Assembly for the period of Friday, January 27, 2012, through Monday, March 12, 2012, shall be as follows:
Friday, January 27 through Sunday, January 29 .................................................in adjournment Monday, January 30 ..................................................................in session for legislative day 10 Tuesday, January 31 ..................................................................in session for legislative day 11 Wednesday, February 1 .............................................................in session for legislative day 12 Thursday, February 2 ................................................................in session for legislative day 13 Friday, February 3 .....................................................................in session for legislative day 14 Saturday, February 4 and Sunday, February 5 ....................................................in adjournment Monday, February 6 ..................................................................in session for legislative day 15 Tuesday, February 7 ..................................................................in session for legislative day 16 Wednesday, February 8 .............................................................in session for legislative day 17

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Thursday, February 9 ................................................................in session for legislative day 18 Friday, February 10 through Tuesday, February 14............................................in adjournment Wednesday, February 15 ...........................................................in session for legislative day 19 Thursday, February 16 ..............................................................in session for legislative day 20 Friday, February 17 ...................................................................in session for legislative day 21 Saturday, February 18 through Monday, February 20 ........................................in adjournment Tuesday, February 21 ................................................................in session for legislative day 22 Wednesday, February 22 ...........................................................in session for legislative day 23 Thursday, February 23 ..............................................................in session for legislative day 24 Friday, February 24 ...................................................................in session for legislative day 25 Saturday, February 25 and Sunday, February 26 ................................................in adjournment Monday, February 27 ................................................................in session for legislative day 26 Tuesday, February 28 ................................................................in session for legislative day 27 Wednesday, February 29 ...........................................................in session for legislative day 28 Thursday, March 1 through Sunday, March 4.....................................................in adjournment Monday, March 5 ......................................................................in session for legislative day 29 Tuesday, March 6 ................................................................................................in adjournment Wednesday, March 7 .................................................................in session for legislative day 30 Thursday, March 8 through Sunday, March 11...................................................in adjournment Monday, March 12 ....................................................................in session for legislative day 31

BE IT FURTHER RESOLVED that on and after March 12, 2012, the periods of adjournment of the 2012 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J
Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D

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Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Evans Floyd
Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene E Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

E Taylor, R Y Taylor, T E Teasley Y Thomas
VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
VACANT Ralston, Speaker

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

The Resolution was adopted.

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

HR 1222. By Representatives Hugley of the 133rd, Smith of the 131st, Smyre of the 132nd and Buckner of the 130th:

A RESOLUTION commending Edwin Jackson and inviting him to be recognized by the House of Representatives; and for other purposes.

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

HB 542. By Representative Powell of the 171st:

A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for the transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia; to provide for the transfer of funds; to provide for conditions and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for the transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia; to provide for the transfer of funds; to provide for the payment for creditable service in the Employees' Retirement System of Georgia for prior service as a member of the Georgia Judicial Retirement System; to provide for conditions and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, is amended by revising Code Section 47-2-96, which is reserved, as follows:
"47-2-96. Reserved. (a) Any member of this retirement system who was previously an active member of the Georgia Judicial Retirement System and who has not withdrawn his or her employee contributions from such retirement system may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of each retirement system not later than December 31, 2012. (b) Upon receipt of the notice provided for in subsection (a) of this Code section, the Board of Trustees of the Georgia Judicial Retirement System shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon. The member is authorized, but not required, to pay such additional amount to the board of trustees as the member desires. (c) If a member of this retirement system has withdrawn his or her employee contributions from the Georgia Judicial Retirement System, he or she may obtain creditable service in this retirement system as provided in subsection (d) of this Code section by paying to the board of trustees of this retirement system such amount as the member desires. (d) Upon receipt of the funds provided for in subsection (b) or (c) of this Code section, the board of trustees of this retirement system shall credit the member with only the number of years of creditable service, not to exceed the actual years of prior service, as the amount so transferred or paid shall warrant without creating any accrued liability as

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to this retirement system; provided, however, that no member shall be granted creditable service in excess of the service to which he or she was credited under the Georgia Judicial Retirement System."

SECTION 2. This Act shall become effective on July 1, 2012, 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, 2012, as required by subsection (a) of Code Section 47-20-50.

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene E Hamilton Y Hanner Y Harbin

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent
Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T E Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A

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Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Maddox, G Manning
Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 1.

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

HB 706. By Representatives Dudgeon of the 24th, Coleman of the 97th, England of the 108th, Kaiser of the 59th, Dickson of the 6th 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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-5, relating to oaths of members of the State Board of Education, board meetings, and the chairperson, as follows:
"20-2-5. The members of the State Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the federal and state Constitutions. They shall meet at the state capital in the Department of Education or at such place in the capital as may be designated by the Governor for that purpose. The state board shall meet quarterly in regular session at such time as it may by regulation provide and may hold additional meetings at the call of the chairperson, provided that upon the written request of a majority of the members of the state board, the State School Superintendent shall call a meeting at any time."
SECTION 2. Said chapter is further amended by revising Code Section 20-2-5.2, relating to elections of chairperson and other officers of the State Board of Education, and the term, duties, and authority of the chairperson, as follows:
"20-2-5.2. The State Board of Education shall elect a chairperson and such other officers it may deem appropriate. The term of the chairperson shall be fixed by the state board. The chairperson shall preside at meetings of the state board, set the agenda for the state board, and perform such other duties as required by the state board. The chairperson is authorized, after a reasonable attempt at consultation with the State School Superintendent, to require any employee of the Department of Education to furnish information or perform functions for the state board."
SECTION 3. Said chapter is further amended by revising Code Section 20-2-7, relating to where committee meetings of the State Board of Education may be held, as follows:
"20-2-7. The members of the State Board of Education as a committee or any committee of the state board when authorized by board action taken at a meeting held at the state capital in the Department of Education may hold committee meetings anywhere within or outside this state when necessary to obtain information for future guidance of the state board; provided, however, that no action of the state board shall be of force and effect unless such action is taken at a regular or called meeting of the state board held at the state capital in the Department of Education as provided by Code Section 20-2-5."
SECTION 4. Said chapter is further amended by repealing and reserving Code Section 20-2-12, relating to educational television programs.

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SECTION 5. Said chapter is further amended by repealing and reserving Code Section 20-2-100, relating to substituting county school superintendent for county school commissioner.

SECTION 6. Said chapter is further amended by revising Code Section 20-2-103, relating to the oath of the county school superintendent, as follows:
"20-2-103. Before entering upon the discharge of his or her official duties, the county local school superintendent shall take and subscribe to the same following oath of office required of the other officers of this state.:
STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of local school superintendent of the _______________________ School System to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and of this state.

_____________________ Signature of local school superintendent

Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)."

_____________________ Typed name of member of ____________________ local school superintendent

SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 20-2-150, relating to eligibility for enrollment, as follows:
"(b) A child who was a legal resident of one or more other states or countries for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade

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accredited by a state or regional association or the equivalent thereof, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified."
SECTION 8. Said chapter is further amended in Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, by repealing subsection (f), relating to the "Summer Opportunity Program."
SECTION 9. Said chapter is further amended by revising subsection (d) of Code Section 20-2-210, relating to annual performance evaluations for school personnel, as follows:
"(d) The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an annual evaluation as required in subsections (a) and (b) of this Code section. The evaluator shall be required to complete such annual evaluation for each certificated person prior to April 1 of each year. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section."
SECTION 10. Said chapter is further amended by repealing and reserving Code Section 20-2-212.3, relating to increasing teachers' salaries in areas of shortage.
SECTION 11. Said chapter is further amended by repealing and reserving Code Section 20-2-212.4, relating to an additional five percent increase in teacher salary based on student performance.
SECTION 12. Said chapter is further amended by repealing and reserving Code Section 20-2-213, relating to career ladder programs.
SECTION 13. Said chapter is further amended by repealing Code Section 20-2-231, relating to the Georgia Education Leadership Academy.
SECTION 14. Said chapter is further amended by repealing Code Section 20-2-232, relating to staff development plans by local school systems.

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SECTION 15. Said chapter is further amended by revising Code Section 20-2-240, relating to the powers and duties of the State Board of Education, as follows:
"20-2-240. (a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all of Georgia's children and youth and for economy and efficiency in administration and operation of public schools and local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public elementary and secondary education in this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law. (b) The State Board of Education is authorized, after a reasonable attempt at consultation with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department."
SECTION 16. Said chapter is further amended by repealing and reserving Code Section 20-2-251, relating to demonstration programs.
SECTION 17. Said chapter is further amended by repealing and reserving Code Section 20-2-252, relating to electronic technology.
SECTION 18. Said chapter is further amended by repealing and reserving Code Section 20-2-253, relating to achievement grants.

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SECTION 19. Said chapter is further amended by repealing and reserving Code Section 20-2-254, relating to educational research.
SECTION 20. Said chapter is further amended by adding a new subsection to Code Section 20-2-270, relating to the establishment of a state-wide network of regional educational service agencies, to read as follows:
"(f) Regional educational service agencies are not state agencies but shall be considered local units of administration for purposes of this chapter."
SECTION 21. Said chapter is further amended by revising subsection (b) of Code Section 20-2-281, relating to assessment of effectiveness of educational programs, as follows:
"(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement."
SECTION 22. Said chapter is further amended by repealing Code Section 20-2-285.1, relating to provisions applicable to third-grade criterion-referenced reading assessment students.
SECTION 23. Said chapter is further amended by repealing and reserving Code Section 20-2-303, relating to educational television.
SECTION 24. Said chapter is further amended by repealing and reserving Code Section 20-2-312, relating to a state program for middle school children during nonschool hours.

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SECTION 25. Said chapter is further amended by revising Code Section 20-2-500, relating to promulgation of rules and regulations for contracts or purchases over $100.00, purchases over $100,000.00, and vendor preferences, as follows:
"20-2-500. (a) The State Board of Education is authorized to promulgate rules and regulations to regulate contracts or purchases which involve the aggregate sum of $100.00 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds.
(b)(1) Such rules shall provide that such contracts for or purchases of supplies, materials, equipment, or agricultural products, including but not limited to school buses but not including instructional materials or beverages for immediate consumption, for public elementary and secondary schools supported in whole or in part from public funds shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality. (2) Such rules shall provide that, in determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the local school district shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No local school district shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this paragraph. (c)(a) Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to vendors resident therein over vendors resident in the State of Georgia. (d)(b) Nothing in this Code section shall negate the requirements of Code Section 505-73."
SECTION 26. Said chapter is further amended by repealing and reserving Code Section 20-2-501, relating to the prohibition of contracts or purchases over $100.00 which are not in compliance with rules and regulations.
SECTION 27. Said chapter is further amended by repealing and reserving Code Section 20-2-502, relating to disciplining measures for violations of Code Section 20-2-501.

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SECTION 28. Said chapter is further amended by repealing and reserving Code Section 20-2-503, relating to the authority of local boards of education to purchase educational information, literature, and services.
SECTION 29. Said chapter is further amended by repealing and reserving Article 15, relating to school census.
SECTION 30. Said chapter is further amended by revising subsection (c) of Code Section 20-2-690, relating to requirements for private schools and home study programs, as follows:
"(c) Parents or guardians may teach their children at home in a home study program which meets the following requirements:
(1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the Department of Education, in accordance with department guidelines superintendent of schools of the local school district in which the home study program is located; (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (3) Parents or guardians may teach only their own children in the home study program, provided the teaching parent or guardian possesses at least a high school diploma or a general educational development diploma, but the parents or guardians may employ a tutor who holds a high school diploma or a general educational development diploma to teach such children; (4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph; (6) Attendance records for the home study program shall be kept and shall be submitted to the Department of Education, in accordance with department guidelines at the end of each month to the school superintendent of the local school district in which the home study program is located. Attendance records and reports shall not be

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used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and (8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years."
SECTION 31. Said chapter is further amended by revising subsection (d) of Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, as follows:
"(d) Local school superintendents in the case of private schools, the Department of Education in the case of or home study programs, and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart."
SECTION 32. Said chapter is further amended by revising Code Section 20-2-694, relating to administration and enforcement of compulsory attendance laws, as follows:
"20-2-694. It shall be the duty of each county and independent school system board of education, and each local school superintendent within the state, and the Department of Education to administer this subpart and to secure its enforcement in cooperation with the other state and county agencies and in cooperation with the administrators of private schools and parents or guardians providing a home study program."
SECTION 33. Said chapter is further amended by revising subsection (a) of Code Section 20-2-701, relating to local school superintendents or visiting teachers and attendance officers to report truants to juvenile or other courts, as follows:
"(a) Local school superintendents as applied to private schools, the Department of Education as applied to and home study programs, or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study

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program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child."

SECTION 34. Said chapter is further amended by repealing Code Section 20-2-741, relating to local boards of education sending copies of student codes of conduct to the Department of Education.

SECTION 35. Said chapter is further amended by repealing and reserving Code Section 20-2-771.1, relating to voluntary preenrollment of children.

SECTION 36. Said chapter is further amended by repealing and reserving Code Section 20-2-960, relating to requiring bonds of principals.

SECTION 37. Said chapter is further amended in Code Section 20-2-984, relating to the authority of the Professional Standards Commission, by repealing and reserving subsection (e), relating to demonstration plans under Code Section 20-2-251.

SECTION 38. Said chapter is further amended by repealing and reserving Article 20, the "Education Partnership Act of 1990."

SECTION 39. Said chapter is further amended by repealing and reserving Code Section 20-2-1183, relating to possession of electronic communication devices in school.

SECTION 40. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 E Anderson

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey

Heckstall Y Hembree Y Henson Y Hightower Y Hill

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E

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Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene E Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T E Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 0.

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

Representative Maxwell of the 17th moved that the following Bill of the House be withdrawn from the Committee on Education and recommitted to the Committee on Retirement:

HB 689. By Representatives Horne of the 71st and Smith of the 70th:

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, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize local boards of education to provide health insurance benefits to members leaving office on or after a specified date if such members have served on the board for at least 12 years; to provide that such former

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members shall pay the entire cost of the health insurance coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1240. By Representatives Cooper of the 41st, Clark of the 104th, Riley of the 50th, Mitchell of the 88th, Taylor of the 173rd and others:
A RESOLUTION recognizing and commending Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute and inviting their instructors to be recognized by the House of Representatives; and for other purposes.
HR 1241. By Representatives McCall of the 30th, England of the 108th, Roberts of the 154th, Dickson of the 6th, Burns of the 157th and others:
A RESOLUTION commending the Future Farmers of America, recognizing February 21, 2012, as Future Farmers of America Day at the state capitol, and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1242. By Representatives Brockway of the 101st, Lindsey of the 54th, Sheldon of the 105th, O`Neal of the 146th, Ashe of the 56th and others:
A RESOLUTION recognizing February 1, 2012, as End the Commercial Sexual Exploitation of Children Day at the capitol; and for other purposes.
HR 1243. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Edgar Brown Dunlap, Jr.; and for other purposes.
HR 1244. By Representatives Cooper of the 41st, Jerguson of the 22nd, Clark of the 104th, Hatchett of the 143rd, Taylor of the 173rd and others:

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A RESOLUTION recognizing Wednesday, February 15, 2012, as Lupus Awareness Day at the state capitol; and for other purposes.
HR 1245. By Representatives Cooper of the 41st, Jerguson of the 22nd, Jacobs of the 80th, Henson of the 87th, Wilkinson of the 52nd and others:
A RESOLUTION recognizing the Georgia Dental Association's Georgia Mission of Mercy; and for other purposes.
HR 1246. By Representatives Hugley of the 133rd, Randall of the 138th, Morgan of the 39th, Smyre of the 132nd, James of the 135th and others:
A RESOLUTION recognizing March 20, 2012, as Alpha Kappa Alpha Day at the capitol; and for other purposes.
HR 1247. By Representatives McCall of the 30th, England of the 108th, Roberts of the 154th, Lindsey of the 54th, O`Neal of the 146th and others:
A RESOLUTION recognizing the Legislative Livestock Showdown; and for other purposes.
HR 1248. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th:
A RESOLUTION recognizing and commending the Southside Church of Christ in Valdosta on the occasion of its 60th anniversary; and for other purposes.
HR 1249. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION honoring military veterans of the Vietnam War and commending efforts to bring a display of the Vietnam Veterans Memorial Traveling Wall to Coweta County; and for other purposes.
HR 1250. By Representatives Roberts of the 154th, Dudgeon of the 24th, Rogers of the 26th, Ehrhart of the 36th, Ramsey of the 72nd and others:
A RESOLUTION commending the Georgia Institute of Technology on its award of a United States Department of Transportation University Transportation Center; and for other purposes.
HR 1251. By Representatives Williams of the 165th, Stephens of the 164th, Talton of the 145th and Dutton of the 166th:

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A RESOLUTION honoring and celebrating the 75th birthday of Mary Fulwood; and for other purposes.
HR 1252. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th:
A RESOLUTION honoring the life and memory of Mollie Ashmore; and for other purposes.
HR 1253. By Representatives Williams of the 165th, Talton of the 145th and Dutton of the 166th:
A RESOLUTION honoring and celebrating the 78th birthday of Mrs. Evelyn Richardson; and for other purposes.
HR 1254. By Representatives Manning of the 32nd, O`Neal of the 146th, Talton of the 145th, Riley of the 50th, Bell of the 58th and others:
A RESOLUTION commending Children's Advocacy Centers of Georgia and recognizing February 15, 2012, as Children's Advocacy Centers Day at the capitol; and for other purposes.
HR 1255. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Miss Dacula 2011 Hayley Wilson; and for other purposes.
HR 1256. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Tiny Miss Dacula 2011 Elizabeth Kelsey; and for other purposes.
HR 1257. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Miss Junior Dacula 2011 Reba Shelby Jack; and for other purposes.
HR 1258. By Representatives Evans of the 40th and Golick of the 34th:
A RESOLUTION honoring Liz Davis and commending her on receiving the 2011 Smyrna Citizen of the Year Award; and for other purposes.

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HR 1259. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Patrick Michael Kelley; and for other purposes.
HR 1260. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of John Wesley Jacobs, Jr.; and for other purposes.
HR 1261. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Betty Mae Castleberry Richardson; and for other purposes.
HR 1262. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Frank Turk; and for other purposes.
HR 1263. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Johnnie Wiley; and for other purposes.
HR 1264. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of W. Woodrow "Woody" Stewart; and for other purposes.
HR 1265. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Herbert Glenn Harris; and for other purposes.

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HR 1266. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Jettie Lee Whitmire Wiley; and for other purposes.
HR 1267. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Miller Leslie Watkins, Jr.; and for other purposes.
HR 1268. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Carol Hudson Eure, Sr.; and for other purposes.
HR 1269. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Genene Smith; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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263

Representative Hall, Atlanta, Georgia

Thursday, February 2, 2012

Thirteenth Legislative Day

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
E Anderson Ashe Atwood Baker Battles
E Beasley-Teague Bell
E Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Burns
E Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Coomer

Crawford Davis E Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Dollar Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Fludd Frazier Fullerton Gardner Geisinger Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell

Hatchett Hatfield Heard Hembree E Henson Hightower Hill Holcomb Holmes Holt Horne Houston Howard Hugley Jackson E Jacobs James Jasperse Jerguson Johnson Jones, J E Jones, S Kaiser Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Manning Marin

Martin Maxwell McBrayer McCall McKillip Meadows Mitchell Morris Murphy Neal, J Neal, Y Nimmer Nix O'Neal Pak Parent Parrish Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders

E Scott, M Shaw Sheldon Sims, B Sims, C Smith, E Smith, L Smith, R
E Smith, T Spencer Stephens, M Stephens, R
E Stephenson E Talton
Tankersley Taylor, D Taylor, T Teasley Thomas Watson Welch Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Buckner of the 130th, Golick of the 34th, Hudson of the 124th, Jordan of the 77th, Kendrick of the 94th, Mayo of the 91st, Morgan of the 39th, Mosby of

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the 90th, Oliver of the 83rd, Scott of the 76th, Smith of the 129th, and Smyre of the 132nd.
They wished to be recorded as present.
Prayer was offered by Reverend Rukiya Mathis, Pastor of Ministries, Emmanuel Light of the World Church, College Park, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 864. By Representatives Harbin of the 118th, Fludd of the 66th, Williams of the 4th, Riley of the 50th and Davis of the 109th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to provide that retailers may under certain circumstances advertise that the retailer will pay

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265

the purchaser's sales and use tax on a transaction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 865. By Representatives Powell of the 29th, Harden of the 28th and Rice of the 51st:
A BILL to be entitled an Act to enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend Chapter 1 of Title 40 of the O.C.G.A., relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses; to modify, amend, and repeal provisions of the O.C.G.A., so as to conform certain cross-references, remove duplication of provisions, and remove such functions from current provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 866. By Representatives Bryant of the 160th, Stephens of the 164th, Smith of the 122nd, Williams of the 165th, Harden of the 147th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for veterans and service members awarded certain distinguished service medals of honor; to provide for procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 867. By Representatives Peake of the 137th, Taylor of the 79th, Shaw of the 176th, Ramsey of the 72nd and Holmes of the 125th:
A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to authorize the breaking and consumption of packages of wine on the premises for the purpose of conducting wine tastings pursuant to a local ordinance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.

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HB 868. By Representatives Collins of the 27th, Carter of the 175th, Atwood of the 179th, Hatchett of the 143rd, Clark of the 98th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, so as to provide for the comprehensive revision of income tax credits for business enterprises located in less developed areas, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties, and for establishing new quality jobs or relocating quality jobs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 869. By Representatives Lane of the 167th, Knight of the 126th, Burns of the 157th, Wilkinson of the 52nd and Stephens of the 164th:
A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct crossreferences; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 870. By Representatives Battles of the 15th, Powell of the 171st, Setzler of the 35th, Horne of the 71st and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to provide for eligibility for a license without an exam to those individuals certified as professional engineers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.

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HB 871. By Representatives Battles of the 15th, Coomer of the 14th, Meadows of the 5th and Powell of the 171st:
A BILL to be entitled an Act to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 873. By Representatives Reece of the 11th, Maddox of the 172nd, Hudson of the 124th, Jasperse of the 12th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a state income tax credit with respect to certain volunteer firefighters; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 874. By Representatives Reece of the 11th, Purcell of the 159th, Clark of the 104th, Manning of the 32nd, Howard of the 121st and others:

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A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to require annual reporting of bullying incidents; to provide for input into antibullying strategies by school councils; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others:

A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HR 1239. By Representatives Manning of the 32nd, Ashe of the 56th, Harden of the 147th, Riley of the 50th, Neal of the 75th and others:

A RESOLUTION urging the cities of Marietta, Atlanta, and Jonesboro to recognize the Gone With the Wind Trail; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

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

HB 669 HB 846 HB 848 HB 850 HB 852 HB 854 HB 856

HB 677 HB 847 HB 849 HB 851 HB 853 HB 855 HB 857

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269

HB 858 HB 860 HB 862 HR 1237 SB 300 SB 307

HB 859 HB 861 HB 863 SB 136 SB 301 SB 309

Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:

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

HB 409 HB 681 HB 832

Do Pass Do Pass, by Substitute Do Pass

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

Representative England of the 108th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

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

HB 741 Do Pass, by Substitute HB 806 Do Pass, by Substitute

Respectfully submitted, /s/ England of the 108th
Chairman

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

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Mr. Speaker:

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

SB 183 Do Pass

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

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 752 HB 764 HB 784 HB 812 HB 823

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

HB 753 HB 765 HB 803 HB 815

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

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

Mr. Speaker:

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

HB 342 HB 648 HR 977

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

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271

Respectfully submitted, /s/ Golick of the 34th
Chairman
Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 166 Do Pass, by Substitute HB 514 Do Pass
Respectfully submitted, /s/ Williams of the 4th
Chairman
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 1132 Do Pass HR 1178 Do Pass HR 1224 Do Pass
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 2, 2012
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None

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Modified Open Rule

HB 475 HB 763

Development Authorities Law; include facilities owned by public or private entity; amend definition (Substitute)(ED&T-Powell-171st) Juries; certain persons ineligible to serve as trial or grand jurors; clarify (Substitute)(Judy-Atwood-179th)

Modified Structured Rule

None

Structured Rule

None

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

HB 752. By Representative Holmes of the 125th:

A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4036), so as to provide for staggered terms for the board of commissioners; to provide for manner of election; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

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273

To amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4036), so as to provide for staggered terms for the board of commissioners; to provide for manner of election; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4036), is amended by revising Section 1 as follows:
"SECTION 1. (a)(1) There is established in Jasper County a board of commissioners, which shall be the governing authority of Jasper County and shall be composed of five members as provided in this section. For the purpose of electing members of the board, Jasper County is divided into five commissioner districts which shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: jasperccsbprop1R-Tiger2010 Plan Type: Local Administrator: Jasper User: SE'.
(2)(A) For the purposes of such plan: (i) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (ii) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(B) Any part of Jasper County which is not included in any district described in paragraph (1) of this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (C) Any part of Jasper County which is described in s paragraph (1) of this subsection as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such

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noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (b)(1) One commissioner shall be elected from each commissioner district by the electors residing solely within each respective district. A commissioner must reside within the district from which such commissioner is elected. Candidates for the office of commissioner shall certify at the time of their qualification as candidates that they are residents of the commissioner district from which they seek election. (2) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which they offer as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat they are seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat the candidate is seeking, a run-off election shall be conducted for that particular seat in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. (c)(1) The members of the board of commissioners in office on the effective date of this section shall continue to serve until the expiration of the terms for which they were elected, which terms shall expire December 31, 2012, and until successors are elected and qualified. (2) At the general election in 2012, the members of the board shall be elected from Commissioner Districts 1, 3, and 5 in accordance with the provisions of subsection (a) of this section to take office on January 1, 2013, for terms of office of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which their terms of office expire and shall take office on the first day of January immediately following their election for terms of office of four years and until their successors are elected and qualified. (3) At the general election in 2012, the members of the board shall be elected from Commissioner Districts 2 and 4 in accordance with the provisions of subsection (a) of this section to take office on January 1, 2013, for terms of office of two years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their election for terms of office of four years and until their successors are elected and qualified. (d) Commissioner Districts 1 through 5, as they exist immediately prior to the effective date of this section, shall continue to be designated as Commissioner Districts 1 through 5, respectively, but as newly described under this section; and, on and after the effective date of this section, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."

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SECTION 2. Said Act is further amended by revising Section 2 as follows:
"SECTION 2. Except as provided in Section 1 of this Act, the term of the members of the board of commissioners shall be four years and such members shall be elected pursuant to Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
SECTION 3. The Board of Commissioners of Jasper County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: jasperccsbprop1R-Tiger2010 Plan Type: Local Administrator: Jasper User: SE
District 001 Jasper County VTD: 159293 - HILLSBORO 010500: 1032 1040 1046 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1087 1089 1090 1174 1209 1210 1211 1212 VTD: 159295 - MONTICELLO 010500: 1031 1033 1034 1035 1036 1037 1038 1039 1041 1042 1043 1044 1045 1047 1048 1049 1050 1091 1092 1093 1094 1095 1109 1110 1111 1112 1113 1117 1118 1119 1120 1121 1150 1215 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 3098 3099 3112 3113 4054 4061 4087 4096 4097 4098 4099 4106 4115 4118 4119 4121 4122 4123 4124 5052 5053 5054 5068 5077 5078 5083 5084 5085 5086 5087 5089

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District 002 Jasper County VTD: 159290 - WYATT 010100: 1015 1016 1034 1035 1036 1039 1040 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1057 1058 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1081 1082 1097 1101 1102 1103 1104 1111 1181 1247 1248 010200: 1000 1065 1066 1067 1068 1073 1074 1075 1076 1088 1089 1093 VTD: 159295 - MONTICELLO 010100: 1170 1218 1219 1220 1221 1222 1223 1224 1225 1226 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1241 010200: 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1090 1091 1092 1094 1095 1096 1159 010500: 4000 4001 4023 4070 4071 4072 4073 4083 4084 4085 4086 4094 4095 4111 4112 4113 4114 4120 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5033 5034 5035 5036 5037 5038 5039 5040 5041 5049 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5069 5070 5071 5072 5073 5074 5075 5076 5088 5094 5097 VTD: 159363 - SHADY DALE
District 003 Jasper County VTD: 159289 - SMITH/JORDAN/LA VTD: 159293 - HILLSBORO 010500: 1027 1028 1029 1030 1052 1066 1067 1068 1069 1070 1071 1072 1086 1088 1152 1153 1154 1155 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1205 1206 VTD: 159295 - MONTICELLO 010500: 1010 1011 1012 1013 1014 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1114 1115 1116 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1151 1156 1157 1158 1159 1160 1161 1162 1192 1193 1194

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1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1207 1208 1213 3067 3082 3083 3092 3093 3094 3095 3096 3100 3101 3102 3108 3109 3110 3111 3115 5030 5031 5032 5048 5050 5051 5079 VTD: 159296 - MARTIN & BURNEY 010500: 3002 3020 3021 3022 3023 3024 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3088 3089 3090 3103 3104 3105 3106 3107 3114 3116
District 004 Jasper County VTD: 159295 - MONTICELLO 010200: 1097 1098 1099 1100 1102 1103 1104 1149 010500: 3097 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4039 4045 4046 4047 4048 4049 4050 4051 4052 4053 4055 4056 4057 4058 4059 4060 4062 4063 4064 4065 4066 4067 4068 4069 4074 4075 4076 4077 4078 4079 4080 4081 4082 4088 4089 4090 4091 4092 4093 4100 4101 4102 4103 4104 4105 4107 4108 4109 4110 4116 VTD: 159296 - MARTIN & BURNEY 010500: 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3084 3085 3086 3087 3117 3118 3119 3120 3121 4040 4041 4042 4043 4044 4117 VTD: 159297 - THOMPSON & BARN 010200: 1048 1049 1050 1052 1111 1112 1113 1114 1115 1116 1120 1121 1122 1123 1140 1141 1142 1143 1151 1153 1157 010500: 3000 3001 3091 4037 4038
District 005 Jasper County VTD: 159290 - WYATT 010100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

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1012 1013 1014 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1037 1038 1041 1042 1043 1044 010200: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1023 1025 1059 1060 1061 1062 1063 1064 1072 1158 1160 VTD: 159297 - THOMPSON & BARN 010200: 1018 1021 1022 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1051 1053 1054 1055 1056 1057 1058 1069 1070 1071 1101 1105 1106 1107 1108 1109 1110 1117 1118 1119 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1144 1145 1146 1147 1148 1150 1152 1154 1155 1156 1161
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 753. By Representative Holmes of the 125th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4476), so as to change the description of the education districts for the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current board members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4476), so as to change the description of the education districts for the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current board members; to provide for the submission of this Act

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for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4476), is amended by revising Section 2 as follows:
"SECTION 2. (a) The Board of Education of Jasper County which existed immediately prior to the effective date of this section is continued in existence but on and after the effective date of this section shall be constituted as provided in this section with the same powers, duties, rights, obligations, and liabilities as existed immediately prior to the effective date of this section. Those members of the Board of Education of Jasper County who are serving as such immediately prior to the effective date of this section, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this section, the Board of Education of Jasper County shall consist of five members all of whom shall be elected from education districts described in subsection (b) of this section.
(b) For purposes of electing members of the board of education, the Jasper County School District is divided into five educational districts. One member of the board shall be elected from each district. Those districts shall be and correspond to those five education districts described in and attached to and made a part of this Act and further identified as 'Plan: jasperccsbprop1R-Tiger2010 Plan Type: Local Administrator: Jasper User: SE'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Jasper County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such

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part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Jasper County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (d) Education Districts 1 through 5, as they exist immediately prior to the effective date of this section, shall continue to be designated as Education Districts 1 through 5, respectively, but as newly described under this section, and on and after the effective date of this section, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
SECTION 2. The Board of Education of Jasper County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan: jasperccsbprop1R-Tiger2010 Plan Type: Local Administrator: Jasper User: SE
District 001 Jasper County VTD: 159293 - HILLSBORO 010500: 1032 1040 1046 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1087 1089 1090 1174 1209 1210 1211 1212 VTD: 159295 - MONTICELLO 010500: 1031 1033 1034 1035 1036 1037 1038 1039 1041 1042 1043 1044 1045 1047 1048 1049 1050 1091 1092 1093 1094 1095 1109 1110 1111 1112 1113 1117 1118 1119 1120 1121 1150 1215 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037

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2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 3098 3099 3112 3113 4054 4061 4087 4096 4097 4098 4099 4106 4115 4118 4119 4121 4122 4123 4124 5052 5053 5054 5068 5077 5078 5083 5084 5085 5086 5087 5089
District 002 Jasper County VTD: 159290 - WYATT 010100: 1015 1016 1034 1035 1036 1039 1040 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1057 1058 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1081 1082 1097 1101 1102 1103 1104 1111 1181 1247 1248 010200: 1000 1065 1066 1067 1068 1073 1074 1075 1076 1088 1089 1093 VTD: 159295 - MONTICELLO 010100: 1170 1218 1219 1220 1221 1222 1223 1224 1225 1226 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1241 010200: 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1090 1091 1092 1094 1095 1096 1159 010500: 4000 4001 4023 4070 4071 4072 4073 4083 4084 4085 4086 4094 4095 4111 4112 4113 4114 4120 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5033 5034 5035 5036 5037 5038 5039 5040 5041 5049 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5069 5070 5071 5072 5073 5074 5075 5076 5088 5094 5097 VTD: 159363 - SHADY DALE
District 003 Jasper County VTD: 159289 - SMITH/JORDAN/LA VTD: 159293 - HILLSBORO 010500: 1027 1028 1029 1030 1052 1066 1067 1068 1069 1070 1071 1072 1086 1088 1152 1153 1154 1155 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1205 1206 VTD: 159295 - MONTICELLO 010500:

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1010 1011 1012 1013 1014 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1114 1115 1116 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1151 1156 1157 1158 1159 1160 1161 1162 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1207 1208 1213 3067 3082 3083 3092 3093 3094 3095 3096 3100 3101 3102 3108 3109 3110 3111 3115 5030 5031 5032 5048 5050 5051 5079 VTD: 159296 - MARTIN & BURNEY 010500: 3002 3020 3021 3022 3023 3024 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3088 3089 3090 3103 3104 3105 3106 3107 3114 3116
District 004 Jasper County VTD: 159295 - MONTICELLO 010200: 1097 1098 1099 1100 1102 1103 1104 1149 010500: 3097 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4039 4045 4046 4047 4048 4049 4050 4051 4052 4053 4055 4056 4057 4058 4059 4060 4062 4063 4064 4065 4066 4067 4068 4069 4074 4075 4076 4077 4078 4079 4080 4081 4082 4088 4089 4090 4091 4092 4093 4100 4101 4102 4103 4104 4105 4107 4108 4109 4110 4116 VTD: 159296 - MARTIN & BURNEY 010500: 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3084 3085 3086 3087 3117 3118 3119 3120 3121 4040 4041 4042 4043 4044 4117 VTD: 159297 - THOMPSON & BARN 010200: 1048 1049 1050 1052 1111 1112 1113 1114 1115 1116 1120 1121 1122 1123 1140 1141 1142 1143 1151 1153 1157 010500: 3000 3001 3091 4037 4038

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District 005 Jasper County VTD: 159290 - WYATT 010100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1037 1038 1041 1042 1043 1044 010200: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1023 1025 1059 1060 1061 1062 1063 1064 1072 1158 1160 VTD: 159297 - THOMPSON & BARN 010200: 1018 1021 1022 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1051 1053 1054 1055 1056 1057 1058 1069 1070 1071 1101 1105 1106 1107 1108 1109 1110 1117 1118 1119 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1144 1145 1146 1147 1148 1150 1152 1154 1155 1156 1161
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 764. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3970), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for manner of election; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT

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To amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3970), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for manner of election; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3970), is amended by revising Section 1 as follows:
"SECTION 1. (a) The Board of Education of McIntosh County shall be composed of five members to be elected from education districts. For purposes of electing members of the board of education, the McIntosh County School District is divided into five education districts. One member of the board shall be elected from each such district. Education Districts 1 through 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: mcintoshccsbR2012 Plan Type: Local Administrator: McIntosh User: Gina'. Education District 5 shall be composed of the entire territory of McIntosh County.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of McIntosh County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of McIntosh County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall

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instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. Said Act is further amended by revising subsection (a) of Section 3 as follows:
"(a)(1) Those members of the Board of Education of McIntosh County who are serving as such immediately prior to the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. Education Districts 1 through 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1 through 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. (2) Successors to those members representing Districts 2, 4, and 5 shall be elected in the 2012 general election and shall take office on January 1 following such election for terms of four years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the end of their terms of office, shall take office on January 1 following such election, and shall serve for terms of four years and until their respective successors are elected and qualified. (3) Successors to those members representing Districts 1 and 3 shall be elected in the 2014 general election and shall take office on January 1 following such election for terms of four years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the end of their terms of office, shall take office on January 1 following such election, and shall serve for terms of four years and until their respective successors are elected and qualified."
SECTION 3. The Board of Education of McIntosh County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan: mcintoshccsbR-2012 Plan Type: Local Administrator: McIntosh User: Gina
District 001 McIntosh County VTD: 1911771 - DARIEN 110100: 1125 1126 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1215 1243 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1285 1286 1287 1288 1306 1307 1308 1309 1310 1311 1330 110300: 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1045 1046 1047 1048 1050 1051 1052 1053 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 2114 2115 2116 2121 2122 2123 2124 2125 2126

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2127 2128 2129 2130 2131 2132 2134 2135 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2314 2315 2316 2317 2325 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 980000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 VTD: 191271 - NORTH DARIEN 110100: 1218 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1242 1244 1256 1257 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1312 1321 1332 1333 110300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1043 1044 1049 1054 1055 1056 1057 1058
District 002 McIntosh County VTD: 1911515 - CRESCENT 110200: 2212 3035 VTD: 1911771 - DARIEN 110300: 2110 2111 2136 2137 2138 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2277 2278 2279 2286 2287 2302 2303 2304 2305 2306 2319 2320 2323 2324 2326 VTD: 191271 - NORTH DARIEN 110200: 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053

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1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 110300: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 2042 2059 2060 2061 2062 2063 2064 2065 2066 2069 2070 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2106 2107 2108 2109 2112 2113 2117 2118 2119 2120 2133 2269 2270 2271 2273 2274 2275 2276 2313 2321 2322 2327 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3038 3039 3040
District 003 McIntosh County VTD: 1911312 - SAPELO ISLAND VTD: 1911515 - CRESCENT 110100: 1313 1314 1315 1316 1317 1318 1319 1320 1322 1323 1324 1325 1326 3094 3096 110200: 1000 1001 1010 1011 1019 1022 1100 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2213 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2282 2283 2290 2307 2308 2309 2310 2317 2318 2329 2330 2331 2337 2340 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3033 3034 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 990000: 0006 0007

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District 004 McIntosh County VTD: 1911480 - TOWNSEND VTD: 19122 - SOUTH NEWPORT
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 765. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), is amended by revising Section 1 as follows:
"SECTION 1. (a) Those members of the Board of Commissioners of McIntosh County who are serving as such immediately prior to the effective date of this section and any person

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selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this section, the Board of Commissioners of McIntosh County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (b) of this section except for the member who is elected at large as provided in this Act. (b) For purposes of electing members of the board of commissioners, other than the atlarge member, McIntosh County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: mcintoshccsbR2012 Plan Type: local Administrator: mcintosh User: Gina'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of McIntosh County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of McIntosh County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. The Board of Commissioners of McIntosh County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting

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Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: mcintoshccsbR-2012 Plan Type: Local Administrator: McIntosh User: Gina
District 001 McIntosh County VTD: 1911771 - DARIEN 110100: 1125 1126 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1215 1243 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1285 1286 1287 1288 1306 1307 1308 1309 1310 1311 1330 110300: 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1045 1046 1047 1048 1050 1051 1052 1053 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209

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1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 2114 2115 2116 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2134 2135 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2314 2315 2316 2317 2325 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 980000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 VTD: 191271 - NORTH DARIEN 110100: 1218 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1242 1244 1256 1257 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1312 1321 1332 1333 110300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1043 1044 1049 1054 1055 1056 1057 1058
District 002 McIntosh County VTD: 1911515 - CRESCENT 110200: 2212 3035 VTD: 1911771 - DARIEN 110300: 2110 2111 2136 2137 2138 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2277 2278 2279 2286 2287 2302 2303 2304 2305 2306 2319 2320 2323 2324 2326 VTD: 191271 - NORTH DARIEN 110200: 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015

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1016 1017 1018 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 110300: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 2042 2059 2060 2061 2062 2063 2064 2065 2066 2069 2070 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2106 2107 2108 2109 2112 2113 2117 2118 2119 2120 2133 2269 2270 2271 2273 2274 2275 2276 2313 2321 2322 2327 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3038 3039 3040
District 003 McIntosh County VTD: 1911312 - SAPELO ISLAND VTD: 1911515 - CRESCENT 110100: 1313 1314 1315 1316 1317 1318 1319 1320 1322 1323 1324 1325 1326 3094 3096 110200: 1000 1001 1010 1011 1019 1022 1100 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2213 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2282 2283 2290 2307 2308 2309 2310 2317 2318 2329 2330 2331 2337 2340 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3033 3034 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 990000:

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0006 0007
District 004 McIntosh County VTD: 1911480 - TOWNSEND VTD: 19122 - SOUTH NEWPORT
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 784. By Representatives Maxwell of the 17th and Cooke of the 18th:
A BILL to be entitled an Act to amend an Act relating to the board of education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4415), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act relating to the board of education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4415), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act relating to the board of education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4415), is amended by revising subsections (a) and (b) of Section 2 as follows:
"(a)(1) For the purpose of electing the members of the Haralson County board of education, the Haralson County school district shall be divided into five education

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districts. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: haralsonsbR-2012 Plan Type: Local Administrator: Haralson SB User: SE'. (2) Those members of the Board of Education of Haralson County who are serving as such immediately prior to the effective date of this subsection, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this subsection, the Board of Education of Haralson County shall consist of five members all of whom shall be elected from education districts described in this subsection. (3) Education Districts 1 through 5, as they exist immediately prior to the effective date of this subsection, shall continue to be designated as Education Districts 1 through 5, respectively, but as newly described under this subsection, and on and after the effective date of this subsection, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this subsection. (b)(1) For the purposes of such plan:
(A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Haralson County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Haralson County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. The Board of Education of Haralson County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan: haralsonsbR-2012 Plan Type: Local Administrator: Haralson SB User: SE
District 001 Haralson County VTD: 14308 - LITTLE CREEK VTD: 14311 - BEREA-STEADMAN VTD: 14312 - TALLAPOOSA 010200: 2123 3000 3001 3002 3003 3004 3005 3006 3007 3011 3012 3013 3014 3015 3016 3017 3030 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3078 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 010302: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4043 4044 4045 4050 4051 4053 4054 4055 4056 010400: 2000 2001 2002 2003 2004 2005 2006 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2040 2053 2056 2057 2058 2059 2060 2061 2068 2253
District 002 Haralson County VTD: 14303 - BUCHANAN 010100: 1064 1065 1066 1067 1090 1094 1095 1096 1097 1098 1099 1100 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1136 1137 1138 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 010200: 1021 1032 1033 1034 1035 1036 1037 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056

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1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 4000 4001 4002 4014 4015 010302: 2038 2039 VTD: 14305 - CORINTH 010100: 1079 1080 1083 1084 1085 1086 1087 1088 1091 1092 1093 1101 1127 1128 1129 1130 1131 1132 1133 1134 1135 1139 1140 2039 2042 2043 2044 2045 2046 2047 2050 2051 2059 VTD: 14306 - TWENTIETH 010100: 1000 1001 1002 1003 1004 1005 1006 1056 1072 1073 1074 1075 1076 1077 1078 1141 1142 1143 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2035 2036 2037 2060 2061 VTD: 14307 - FELTON VTD: 14309 - MT VIEW
District 003 Haralson County VTD: 14304 - BUNCOMBE VTD: 14312 - TALLAPOOSA 010200: 3008 3009 3010 3029 3031 3045 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 010302: 4014 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4046 4047 4048 4049 4052 010400: 1074 1075 1076 1077 1078 1079 1080 1084 1085 1086 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2026 2038 2039 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2054 2055 2070 2071 2072 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2148 2149 2150 2151 2152 2153 2154 2155 2161 2165 2166 2167 2247 2249 2250 2251 2252 2255 2256

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VTD: 14313 - WACO 010302: 1021 1022 1023 1024 1025 1026 1027 1028 1029 1037 1038 1039 1040 3068 3069 3070 3074 3075 010400: 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1081 1082 1083 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1104 1105 1106 1107 1108 1110 1112 1113 1116 1117 1118 1119 1120 1121 1122 1123 1125 1126 1127 1128 1137 1177
District 004 Haralson County VTD: 14302 - BREMEN 010302: 2089 2116 3003 3004 3005 3006 3009 3010 3012 3013 3014 3015 3016 3017 3018 3019 3023 3129 6007 6008 VTD: 14303 - BUCHANAN 010302: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2117 VTD: 14305 - CORINTH 010100: 2029 2030 2031 2032 2033 2034 2038 2040 2041 2048 2049 2052 2053 2054 2055 2056 2057 2058 010301: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 010302: 2118 VTD: 14306 - TWENTIETH

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010301: 1000 1001 1002 1003 1004 VTD: 14310 - SEVENTH 010301: 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2026 2081 010302: 6000 6002 6003 6004 6005 6006 6009 6010 6011
District 005 Haralson County VTD: 14302 - BREMEN 010301: 2053 2054 2058 2059 2080 2082 2083 2084 2085 2086 2087 010302: 1011 1012 1014 1016 1018 1030 1044 1045 1046 1047 1048 1050 1082 1083 1084 1085 1086 1087 3000 3001 3002 3007 3008 3011 3020 3021 3022 3024 3026 3027 3028 3029 3030 3031 3032 3033 3034 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3047 3048 3049 3050 3055 3057 3065 3066 3067 3073 3077 3083 3084 3087 3091 3093 3105 3106 3107 3111 3113 3117 3118 3119 3120 3121 3122 3123 3127 3130 5000 5001 5002 5003 5004 5008 5010 5012 5028 5032 5033 5034 5035 5036 5042 5044 5045 5077 5078 010400: 1049 1050 1051 1052 1053 1054 1055 1159 1162 1163 1171 3011 3012 3013 3014 3015 3016 3017 3019 3020 3021 3022 3023 3024 3025 3026 3028 3029 3030 3031 3035 3036 3037 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3050 3052 3054 3055 3092 3093 3094 3095 3098 3099 3100 3107 3109 3113 3114 3117 3118 3119 3122 3123 3124 3126 3129 3131 3136 3137 3138 3141 3143 3144 3146 3150 3152 3153 3155 3156 3157 3158 3159 3160 VTD: 14310 - SEVENTH 010301: 2002 2019 2020 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2055 2056 2057 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 010302: 6001 6012 6013 6014 6015 6016 6017 6018 010400: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3018 VTD: 14313 - WACO

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010302: 1035 1036 1070 1071 1072 1073 1075 1076 1077 1078 1079 1080 3025 3051 3052 3053 3054 3056 3058 3059 3060 3061 3062 3063 3064 3071 3072 010400: 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1056 1057 1058 1059 1060 1098 1099 1100 1102 1103 1109 1124 1129 1130 1131 1132 1133 1134 1135 1136 1175 1176 1178 1180
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 803. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 812. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd:
A BILL to be entitled an Act to amend an Act creating the Douglas County Board of Education, approved April 13, 1982, (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5149), so as to provide for the continuation in office of current members of the board of education; to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:

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A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Douglas County Board of Education, approved April 13, 1982, (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5149), so as to provide for the continuation in office of current members of the board of education; to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Douglas County Board of Education, approved April 13, 1982, (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5149), is amended by revising Section 1 as follows:
"SECTION 1. (a) Those members of the Board of Education of Douglas County who are serving as such immediately prior to the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) For purposes of electing members of the board of education, Douglas County is divided into five education districts. One member of the board shall be elected from each such district. Such districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: douglassbR-2012 Plan Type: local Administrator: douglas sb User: SE'. (c) For the purposes of such plan:
(1) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (d) Any part of Douglas County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such

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part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) Any part of Douglas County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (f) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 and 20-2-51 of the O.C.G.A. or any other general law applicable to that office. (g) In order to be elected as a member of the board from an education district, a person must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall become vacant. (h) The members of the reconstituted Douglas County Board of Education shall be elected as provided in this subsection. The first members from Education Districts 1 and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. Those members of the board elected thereto from Education Districts 1 and 5 in 2012 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. The first members from Education Districts 2, 3, and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Education Districts 2, 3, and 4 in 2014 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(i)(1) Education Districts 1, 2, 3, 4, and 5, as they exist prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts

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shall be deemed to be serving from and representing their respective districts as newly described under this Act. (2) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code'. (j) The chairperson of the board of education shall be compensated in equal monthly installments from the general funds of the board of education the sum of 20 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. The vice chairperson of the board of education shall be compensated in equal monthly installments from the general funds of the board of education the sum of 18 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. The remaining board members shall be compensated in equal monthly installments from the general funds of the board of education the sum of 16 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. The members of the board of education shall be reimbursed for actual expenses incurred in carrying out approved board of education business while outside the county. All expenses so incurred shall be paid from the general funds of the board of education on a monthly basis."
SECTION 2. The Douglas County Board of Education shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
SECTION 4. For the purpose of conducting elections in 2012, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2013.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
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District 001 Douglas County VTD: 0971275 - LITHIA HIGH SCHOOL 080202: 4000 4001 4017 080602: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 VTD: 0971276 - DEER LICK VTD: 097730 - DOUGLASVILLE 080303: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 080304: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2066 2067 2068 VTD: 097731 - BEULAH 080201: 2034 3011 3012 3013 3014 3021 3022 3024 3025 3027 3028 3029 3030 3031 3032 3033 3034 080301: 3029 080303: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 VTD: 097732 - STEWART 080301: 3016 3017 3018 3020 3028 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 VTD: 097737 - CHESTNUT LOG VTD: 097739 - LUTHERAN CHURCH 080509:

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2000 2001 2002 2003 2004 2005 2006 2018 2019 VTD: 097740 - FIRST BAPTIST CHURCH VTD: 097784 - FACTORY SHOALS 080604: 4000 4001 4002 4003 4004 4005 4006
District 002 Douglas County VTD: 0971270 - COLONIAL HILLS VTD: 0971273 - TURNER VTD: 0971274 - ANNETTE WINN SC VTD: 0971275 - LITHIA HIGH SCHOOL 080102: 1011 1012 1013 1014 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2046 2053 2056 2057 2117 2126 080202: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 VTD: 097731 - BEULAH 080201: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 2001 2013 2014 2015 2016 2018 2021 2022 2024 2030 2033 2035 2036 3009 3010 3015 3016 3017 3018 3019 3020 3023 3026 080301: 3000 3001 3002 3003 3005 3026 3027 4000 4001 4002 4016 4017 4018 4019 4020 4021 VTD: 097732 - STEWART 080301: 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3019 3021 3022 3023 3024 3025 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4022 4023 4024 4025 4026 4027 4028 4029 4030
District 003 Douglas County VTD: 0971275 - LITHIA HIGH SCHOOL 080102: 2042 2043 2044 2045 2047 2048 2049 2050 2051 2052 2054 2055 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2118 2119 2120 2121 2122 2123 2124 2125

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080602: 1000 1020 VTD: 097736N - CHAPEL HILL 080509: 1016 080510: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 3000 3001 3002 3003 3004 3005 3009 3010 3011 VTD: 097736S - HOLLY SPRINGS 080511: 1001 1011 1012 1013 1014 1015 1016 1017 1018 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 VTD: 097739 - LUTHERAN CHURCH 080509: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 VTD: 097784 - FACTORY SHOALS 080602: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 080604: 1000 1001 1002 1003 1004 1005 2000 4007 VTD: 097785 - BOUNDARY WATERS
District 004 Douglas County VTD: 0971258 - MIRROR LAKE ELEM VTD: 0971259 - WINSTON 080403: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 2018 2019 2020 2021 080404: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1016 1020 1021 1025 1026 1027 1030 1031 1034 1035 1036 1038 1039 1040 1041 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 080505:

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1018 1019 1020 1021 VTD: 097729 - GOLDEN METHODIST VTD: 097730 - DOUGLASVILLE 080304: 2065 VTD: 097733 - ARBOR STATION VTD: 097734 - BRIGHT STAR VTD: 097738 - ST JULIANS 080508: 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 080509: 3000 3001 3002 3003 3004 3005 3006 3007 3008
District 005 Douglas County VTD: 0971259 - WINSTON 080403: 2015 2016 2017 VTD: 0971260 - FAIRPLAY M S VTD: 0971271 - EPHESUS BAPTIST CHURCH VTD: 0971272 - BILL ARP VTD: 097735 - DORSETT SHOALS VTD: 097736N - CHAPEL HILL 080510: 3006 3007 3008 VTD: 097736S - HOLLY SPRINGS 080511: 1000 1007 1008 1009 1010 1019 1020 1021 VTD: 097738 - ST JULIANS 080510: 1000 1001 1002 1003 1004 1014
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 815. By Representative Kidd of the 141st:
A BILL to be entitled an Act to create the Central State Hospital Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office,

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qualifications, duties, powers, and compensation; 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 BE ENTITLED AN ACT
To create the Central State Hospital Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organizations, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their forms, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholders' remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for chargers; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Central State Hospital Local Redevelopment Authority Act."
SECTION 2. Definitions. (a) As used in this Act, the term: (1) "Authority" or "redevelopment authority" means the Central State Hospital Local Redevelopment Authority created by this Act. (1.1) "Central State Hospital" means the Central State Hospital in Milledgeville, Georgia, now or formerly under the jurisdiction of the Georgia Department of Behavioral Health and Developmental Disabilities. (2) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery

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and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agent, and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such projects. (3) "Economic development conveyance" has the same meaning as provided in 32 C.F.R. 174.9(a). (4) "Project" includes:
(A) The land and any one or more buildings or structures located in or on the land (the real property) now or formerly occupied by Central State Hospital and the real property adjacent thereto to be used in education, parks and recreation, transportation, health care, research, housing, commerce, or the production, manufacturing, procession, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial products or any combination of the foregoing or similar uses, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad and automotive transportation, and transportation facilities incidental to the project; (B) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial or governmental facilities located or to be located in or on the property now or formerly occupied by Central State Hospital and the properties adjacent thereto; (C) The acquisition, construction, improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located in or on the property now or formerly occupied by Central State Hospital and the properties adjacent thereto; and (D) The acquisition and development of land in or on the property now or formerly occupied by Central State Hospital as the site for an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar uses, provided that, for purposes of this subparagraph, the term "development of land" includes the provision of water, sewage, drainage,

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or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar use but, except with respect to such facilities, does not include the provision of structures or buildings. (5) "Revenue bonds" or "bonds" means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said "Revenue Bond Law" and any amendments thereto. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 3. Central State Hospital Local Redevelopment Authority. (a) There is created a body corporate and politic, to be known as the "Central State Hospital Local Redevelopment Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of not less than seven nor more than 11 members. In addition, the Governor shall select a voting member to represent the State of Georgia. With the exception of the member selected by the Governor to represent the State of Georgia, the members shall be appointed by the mayor of the City of Milledgeville with the consent of a majority of the Milledgeville City Council. Persons so appointed shall serve for initial terms of office which shall expire on December 31 of the fourth year after their appointment. After the initial terms of office, members of the authority shall serve for terms of office of four years each. Members of the authority shall serve for their respective terms of office specified in this subsection and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor. The members of the authority shall be reimbursed, upon submission of sworn vouchers, for all actual expenses incurred in the performance of their duties out

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of funds of the authority but shall receive no further compensation. The authority shall make rules and regulations for its own government. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and shall not have been convicted of a felony. (d) The mayor of the City of Milledgeville with the consent of a majority of the Milledgeville City Council shall appoint the chairperson of the authority who shall serve as chairperson for a four-year term. The members of the authority shall elect from their number a vice chairperson, secretary, and treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of four years and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) In addition to the members set forth in subsection (b) of this section, there shall be ex officio members who shall be as follows:
(1) One member appointed by the members of the Senate whose districts include all or a portion of Central State Hospital and one member appointed by the members of the House of Representatives whose districts include all or a portion of Central State Hospital; (2) The State Property Commission executive director or his or her designee; (3) The commissioner of economic development or his or her designee; (4) The commissioner of community affairs or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The commissioner of transportation or his or her designee; (7) The Commissioner of Labor or his or her designee; and (8) The chancellor of the University System of Georgia or his or her designee. Such ex officio members shall have all of the rights and duties as other members of the authority except that they shall not have the right to vote on any matter. At the request of the authority, the mayor of the City of Milledgeville with the consent of a majority of the Milledgeville City Council shall be authorized to appoint additional ex officio members of the authority. (f) The authority may create the following subcommittees: health care, education, infrastructure, labor, real estate, economic development, housing and homelessness, environment, quality of life, and others as deemed appropriate. The authority may appoint as members of the subcommittees such individuals from the community as the authority deems appropriate, and such members do not have to be members of the authority. The subcommittees shall serve in an advisory capacity to the authority. The chairperson of the authority shall choose from among the members of each subcommittee a person to serve as chairperson of that subcommittee. The chairpersons of the subcommittees shall serve four-year terms and shall be eligible for reappointment. (g) A majority of the members of the authority, excluding ex officio members, shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

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(h) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend three consecutive regular meetings of the authority without an excuse approved by a resolution of the authority. (i) All meetings of the authority, regular or special, shall be open to the public. (j) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
SECTION 4. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of executing and administering the reuse plan for the property now or formerly occupied by Central State Hospital, executing economic development conveyances for such property now or formerly occupied by Central State Hospital resulting from the closure or realignment of Central State Hospital so as to ameliorate the impact of such closure or realignment on the communities and residents of Milledgeville and Baldwin County; extending and improving such projects; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations, whether public or private, if in the sole judgment of the authority such use, lease, or sale supports the general purposes of the authority; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such type of undertakings.
SECTION 5. Powers of the authority. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise, including acquisition of land from the state government, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purpose and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all projects which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such projects and all related activities and facilities; to enter into any contracts, leases, or other charges for the use of property or services of the authority and collect and use the same as necessary to operate the projects under control of the authority; and to accomplish any of the purposes of this Act and make any purchases or sales necessary for such purposes;

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(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purpose, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of such property, or dispose of the same in any manner it deems to be to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including real estate, environmental, engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state and federal government are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state and the federal government; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for the purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided that no such power is in conflict with the Constitution or general laws of this state;

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(11) To encourage and facilitate job training and housing rehabilitation programs for residents surrounding Central State Hospital; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Revenue bonds. The authority, or any authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost of the project of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
SECTION 7. Revenue bonds; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside this state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provisions may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
SECTION 8. Revenue bonds; signatures; seal. In case any officer whose signature appears on any bond or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the

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date of such bonds such person may not have been so authorized or shall not have held such office.
SECTION 9. Revenue bonds; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.
SECTION 10. Revenue bonds; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
SECTION 12. Revenue bonds; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which become mutilated or are destroyed or lost.
SECTION 13. Revenue bonds; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
SECTION 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or any county or municipality nor a pledge of the faith and

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credit of the State of Georgia or any county or municipality; but such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia or any county or municipality to levy or to pledge any form of taxation whatever therefor to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 15. Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside this state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys; may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor; may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 16. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.

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SECTION 17. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
SECTION 18. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

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SECTION 19. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 20. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make party defendants to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security of the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the redevelopment authority.
SECTION 21. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Baldwin County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 22. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority shall be created which will

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compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
SECTION 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.
SECTION 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as other counties and municipalities in this state; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of other counties and municipalities in this state when in the performance of their public duties or work of such political subdivisions.
SECTION 27. Tax exemption. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state; that the authority is an institution of purely public charity and will be performing an essential

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governmental function in the exercise of the power conferred upon it by this Act; that this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority; and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.
SECTION 28. Power declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 29. Effect on other governments. This Act shall not and does not in any way take from any county or municipality the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 30. Liberal construction of Act. This Act being for the welfare of various political subdivisions of this state and its inhabitants shall be liberally construed to effect the purposes of this Act.
SECTION 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 32. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 823. By Representatives Welch of the 110th, Yates of the 73rd, Mosby of the 90th, Baker of the 78th, Mayo of the 91st and others:

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A BILL to be entitled an Act to abolish the office of elected county surveyor of Henry County; to provide for the appointment of a county surveyor; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

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

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 E Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis E Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser
Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Scott, S Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Yates Ralston, Speaker

On the passage of the Bills, the ayes were 155, nays 0.

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The Bills, having received the requisite constitutional majority, were passed.
Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 302. By Senators Staton of the 18th, Carter of the 1st, Hill of the 4th and Cowsert of the 46th:
A BILL to be entitled an Act to amend Chapter 16 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Higher Education Facilities Authority, so as to increase the amount of bonding authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 690. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3809), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 694. By Representatives Smith of the 70th and Horne of the 71st:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3701), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3801), so as to change the description of the education

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districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 701. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 702. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th:
A BILL to be entitled an Act to amend an Act providing a board of education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved March 18, 2002 (Ga. L. 2002, p. 3600), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 723. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to amend an Act to change the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3645), so as to change manner of election of members of the board of education; to provide for vacancies; to provide for legislative intent; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 740. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th:
A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4570), so as to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 302. By Senators Staton of the 18th, Carter of the 1st, Hill of the 4th and Cowsert of the 46th:
A BILL to be entitled an Act to amend Chapter 16 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Higher Education Facilities Authority, so as to increase the amount of bonding authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
Pursuant to HR 1132, the House recognized February 2, 2012, as Veterinary Medicine Day at the state capitol and invited representatives from the Georgia veterinary medical community to be recognized by the House of Representatives.
Pursuant to HR 1224, the House commended Georgia State University, recognized February 2, 2012, as Georgia State University Day at the state capitol, and invited President Mark Becker, his wife Laura Voisinet, Coach Bill Curry, Athletic Director Cheryl Levick, and Senior Advisor to the President Tom Lewis to be recognized by the House of Representatives.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Stephens of the 164th, Abrams of the 84th, Tankersley of the 158th, Parrish of the 156th, Burns of the 157th, Cooper of the 41st, Smyre of the 132nd, Hugley of the 133rd, Randall of the 138th, and Kendrick of the 94th.

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Pursuant to HR 1178, the House honored Shekema Silveri for being recognized with the Milken Educator Award and invited her to be recognized by the House of Representatives.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1132. By Representative Maddox of the 172nd:
A RESOLUTION recognizing February 2, 2012, as Veterinary Medicine Day at the state capitol and inviting representatives from the Georgia veterinary medical community to be recognized by the House of Representatives; and for other purposes.
HR 1178. By Representatives Scott of the 76th, Jordan of the 77th, Neal of the 75th, Beasley-Teague of the 65th and Baker of the 78th:
A RESOLUTION honoring Shekema Silveri for being recognized with the Milken Educator Award and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 1224. By Representatives Jones of the 46th, Maxwell of the 17th, Ramsey of the 72nd, Lane of the 167th and Golick of the 34th:
A RESOLUTION commending Georgia State University, recognizing February 2, 2012, as Georgia State University Day at the state capitol, and inviting President Mark Becker, his wife Laura Voisinet, Coach Bill Curry, Athletic Director Cheryl Levick, and Senior Advisor to the President Tom Lewis to be recognized by the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 763. By Representatives Atwood of the 179th, Pak of the 102nd, Willard of the 49th, Ramsey of the 72nd and Maddox of the 127th:
A BILL to be entitled an Act to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to clarify that certain persons shall be ineligible to serve as trial or grand jurors; to provide for the use of jurors summoned prior to the compilation of county master jury lists; to revise provisions relating to the qualifications of grand jurors; to provide

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for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to clarify that certain persons shall be ineligible to serve as trial or grand jurors; to provide for the use of jurors summoned prior to the compilation of county master jury lists; to revise provisions relating to the qualifications of grand jurors; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended by enacting a new Code Section 15-12-40 to read as follows:
"15-12-40. Any person who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored and any person who has been judicially determined to be mentally incompetent shall not be eligible to serve as a trial juror."
SECTION 2. Said chapter is further amended by revising subsection (e) of Code Section 15-12-40.1, relating to the state-wide master jury list, driver's license information, list of registered voters, and random list of persons to comprise venire, as follows:
"(e) On and after July 1, 2012, in each county, upon court order, the clerk shall choose a random list of persons from the county master jury list to comprise the venire; provided, however, that jurors summoned prior to July 1, 2012, shall remain eligible to comprise the venire."
SECTION 3. Said chapter is further amended by revising Code Section 15-12-60, relating to the qualifications of grand jurors, as follows:
"15-12-60. (a) Except as provided in subsection (b) of this Code section, all citizens Any citizen of this state 18 years of age or older who are not incompetent because of mental illness or mental retardation and who have has resided in the county for at least six months preceding the time of service shall be qualified eligible and liable to serve as a grand jurors unless otherwise exempted by law juror.

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(b) The following persons shall not be eligible to serve as grand jurors: (1) Any person who holds any elective office in state or local government or who has held any such office within a period of two years preceding the time of service as a grand juror; and (2) Any person who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored shall not be eligible to serve as a grand juror.
(c) Any person who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored and any person who has been judicially determined to be mentally incompetent shall not be eligible to serve as a grand juror."

SECTION 4. This Act shall become effective on July 1, 2012.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece

Y Shaw Y Sheldon Y Sims, B E Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson

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Y Cheokas Clark, J
Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

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

Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 0.

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

Representatives Clark of the 98th and Hudson of the 124th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 475. By Representatives Powell of the 171st, Roberts of the 154th, Rynders of the 152nd, Cheokas of the 134th, Meadows of the 5th and others:

A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the O.C.G.A., the "Development Authorities Law," so as amend the definition of the term "project" to include facilities owned by a public or private entity or a combination of the two integrated for purposes of trade, commerce, industry, or employment opportunities; to provide that such term includes highway facilities, surface transportation projects, and projects that are related to transportation; to provide for severability in the event a portion of this Act is found to be unconstitutional; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to amend the definition of the term "project" to include facilities owned by a public or private entity or a combination of the two integrated for purposes of trade, commerce, industry, or employment opportunities; to provide that such term includes highway facilities, surface transportation projects, and projects that are related to transportation; to provide that a development authority shall have the unfettered authority to determine which definition of the term "project" applies to a particular project and that a project which involves a public body is comprised of

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both public and private components integrated to produce the desired purposes and will promote and develop trade, commerce, industry, or employment opportunities; to provide that such decision by the authority shall not be subject to review; to provide that a development authority shall have the authority to issue bonds to purchase or acquire a completed project and carry out such further construction or equipping that it may desire; to provide that an authority may issue bonds to construct, purchase, acquire, or equip a project for any purpose permitted by such chapter; to provide for severability in the event a portion of this Act is found to be unconstitutional; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," is amended by revising division (6)(H)(iii) of Code Section 36-62-2, relating to definitions relative to the "Development Authorities Law," as follows:
"(iii) Airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing. As used in this division, the term 'mass commuting facilities' includes, without limitation, property, facilities, and related improvements owned, operated, leased, or held by:
(I) A private person or entity; (II) A public entity, if the project is composed of both public and private components which are integrated so as to promote and develop some part or all of the public purposes of trade, commerce, industry, and employment opportunities; or (III) A combination of a private person or entity and a public entity. Such property, facilities, and related improvements may include, without limitation, highway facilities, surface transportation projects, and projects undertaken pursuant to Code Sections 32-2-79 and 32-2-80 that are necessary, convenient, or useful for or in connection with the transportation, exchange, or access of occupants; passengers; cargo or freight, whether by vehicle, bus, rail, or other mode of transportation; hand-carried packages; or baggage of an occupant or passenger, by any means including, without limitation, surface, overhead, or underground transportation;"
SECTION 2. Said chapter is further amended in Code Section 36-62-6, relating to powers of authority generally, by redesignating current subsection (b) as new subsection (d) and by adding two new subsections to read as follows:
"(b) An authority may determine if any project should be exclusively classified under one of the definitions of the term 'project' under paragraph (6) of Code Section 36-62-2. An authority may also determine that a project which involves a public body is composed of both public and private components which are integrated so as to produce

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the desired purposes and will promote and develop some part or all of the public purposes of trade, commerce, industry, and employment opportunities. The authority's determination or determinations as to such matters shall be final for all purposes of this chapter and not subject to review. (c) An authority may issue bonds which shall qualify as paying the cost of a project (1) to purchase or acquire a completed project and, if necessary, to carry out any further construction or equipping that it may desire; or (2) to construct, purchase, acquire, or equip a project, for any purpose permitted by this chapter, including, without limitation, for the purpose of the authority's leasing, selling, or placing under management any such project as provided in Code Section 36-62-7. The provisions of this subsection are a restatement of current law and shall not be construed to restrict the right of a person or entity to lease a project from an authority when such person or entity is the seller or builder of such project or when such bonds are issued to such person or entity."

SECTION 3. Any part of this Act that is finally determined judicially to be unconstitutional or otherwise invalid shall be severed from this Act, and the remaining parts shall continue in full force and effect, the General Assembly declaring that it would have passed such remaining parts in any event.

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

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

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

E Abdul-Salaam Y Abrams N Allison Y Amerson E Anderson Y Ashe N Atwood Y Baker Y Battles E Beasley-Teague Y Bell N Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner N Dudgeon Y Dukes N Dunahoo N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes N Holt N Horne
Houston N Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse N Jerguson

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish

Y Shaw N Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K N Smith, L Y Smith, R E Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson E Talton Y Tankersley N Taylor, D Y Taylor, R

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331

Y Bruce Y Bryant Y Buckner Y Burns N Byrd N Carson Y Carter Y Casas Y Channell Y Cheokas N Clark, J
Clark, V Y Coleman N Collins N Cooke
Coomer Y Cooper Y Crawford

Y Floyd Y Fludd
Frazier Y Fullerton Y Gardner Y Geisinger
Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Harrell Y Hatchett N Hatfield Y Heard

Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S N Setzler

Y Taylor, T N Teasley N Thomas
VACANT VACANT Y Watson Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williams, R N Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 132, nays 28.

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

Representative Frazier of the 123rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Houston of the 170th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Murphy of the 120th moved that the following Bill of the House be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Intragovernmental Coordination:

HB 652. By Representatives Murphy of the 120th, Howard of the 121st, Frazier of the 123rd and Smith of the 122nd:

A BILL to be entitled an Act to provide for an advisory referendum election to be held in Augusta-Richmond County for the purpose of ascertaining whether the voters of such county desire the governing authority of AugustaRichmond County to be elected in partisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The motion prevailed.

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The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 129. By Representatives McKillip of the 115th, Lindsey of the 54th, Hatfield of the 177th, Evans of the 40th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to prohibit a fee for a future conveyance of real property except under limited circumstances; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative McKillip of the 115th moved that the House insist on its position in amending the Senate substitute to HB 129 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 McKillip of the 115th, Jacobs of the 80th and Allison of the 8th.
The following Resolutions of the House were read and adopted:
HR 1270. By Representatives Rogers of the 26th, Brockway of the 101st, Dudgeon of the 24th and Cheokas of the 134th:
A RESOLUTION commending the Georgia Institute of Technology for the G. Wayne Clough Georgia Tech Promise Scholarship; and for other purposes.
HR 1271. By Representatives Purcell of the 159th, Hanner of the 148th, Taylor of the 173rd, Horne of the 71st, Powell of the 29th and others:
A RESOLUTION honoring and commending the firefighters of Georgia and recognizing February 7, 2012, as the 40th annual Firefighters Appreciation Day at the capitol; and for other purposes.
HR 1272. By Representatives Dickerson of the 95th, Stephenson of the 92nd, DawkinsHaigler of the 93rd, Smith of the 122nd, Kendrick of the 94th and others:

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333

A RESOLUTION recognizing Bald Rock Baptist Church; and for other purposes.

HR 1273. By Representatives Purcell of the 159th, Hanner of the 148th, Taylor of the 173rd, Horne of the 71st, Powell of the 29th and others:

A RESOLUTION commending Emergency Management Agency of Georgia and recognizing February 8, 2012, as Georgia Emergency Management Agency (GEMA) Recognition Day at the capitol; and for other purposes.

HR 1274. By Representatives Purcell of the 159th, Hanner of the 148th, Taylor of the 173rd, Horne of the 71st, Powell of the 29th and others:
A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing February 8, 2012, as Emergency Medical Services Day at the capitol; and for other purposes.

HR 1275. By Representatives Burns of the 157th, Knight of the 126th, Parrish of the 156th, Roberts of the 154th and Pruett of the 144th:

A RESOLUTION recognizing February 8, 2012, as Sportsmen's and Coastal Day at the capitol; and for other purposes.

HR 1276. By Representatives Dickerson of the 95th, Stephenson of the 92nd, DawkinsHaigler of the 93rd, Kendrick of the 94th, Smith of the 122nd and others:

A RESOLUTION recognizing February 16, 2012, as Eagle Scout and Gold Award Scout Day at the capitol; and for other purposes.

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 760 Do Pass HR 1150 Do Pass

HB 824 Do Pass HR 1162 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

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Representative Hamilton of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 642 Do Pass, by Substitute HB 725 Do Pass

HB 707 Do Pass HB 805 Do Pass

Respectfully submitted, /s/ Hamilton of the 23rd
Chairman

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

Mr. Speaker:

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

HB 594 Do Pass HB 711 Do Pass, by Substitute HR 1151 Do Pass, by Substitute

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

Representative Purcell of the 159th District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

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

HB 687 Do Pass, by Substitute

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335

Respectfully submitted, /s/ Purcell of the 159th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Friday, February 3, 2012

Fourteenth Legislative Day

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

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

E Abdul-Salaam Abrams Allison Amerson
E Anderson Atwood Battles
E Beasley-Teague Bell Benton Beverly Black Braddock Brockway Brooks Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Cooper
E Crawford

E Dawkins-Haigler E Dempsey E Dickerson
Dickey Dickson E Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, J Evans Frazier Fullerton E Geisinger Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell Hatchett Hatfield Heard Hembree E Henson

Hightower Hill E Holcomb Holmes Holt Horne Houston Howard Hugley Jackson E Jacobs James Jasperse Jerguson Jones, J E Jones, S Kaiser Kendrick Kidd Knight Lane Lindsey Maddox, B Maddox, G Manning Marin Martin Maxwell Mayo McBrayer

McCall McKillip Meadows Mitchell Morgan Morris Mosby Murphy Neal, J Nimmer Nix Oliver O'Neal Pak Parent Parrish E Parsons Powell, A Powell, J Purcell E Ramsey Randall Reece Rice Riley Roberts Rogers, T Rynders E Scott, M Scott, S

Setzler Shaw Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R E Smith, T Smyre Spencer Stephens, M Stephens, R E Talton Tankersley Taylor, D Taylor, R Teasley Thomas Watson E Welch Wilkerson Wilkinson Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

Due to a mechanical malfunction, Representative Baker of the 78th was not recorded on the attendance roll call. He wished to be recorded as present.

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

Representatives Benfield of the 85th, Bruce of the 64th, Coomer of the 14th, Davis of the 109th, Dobbs of the 53rd, Dollar of the 45th, Epps of the 128th, Fludd of the 66th,

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337

Gardner of the 57th, Golick of the 34th, Hudson of the 124th, Jordan of the 77th, Long of the 61st, Peake of the 137th, Pruett of the 144th, Rogers of the 26th, Sims of the 169th, Stephenson of the 92nd, Taylor of the 79th, Weldon of the 3rd, and Willard of the 49th.
They wished to be recorded as present.
Prayer was offered by Pastor Olu Brown, Impact Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 134th, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 876. By Representative Epps of the 140th:
A BILL to be entitled an Act to amend an Act creating a Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4482), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for legislative

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intent; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 877. By Representatives Jones of the 46th, Bruce of the 64th, Riley of the 50th, Fludd of the 66th, Martin of the 47th and others:
A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, particularly by an Act approved March 27, 1992 (Ga. L. 1992, p. 5078), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 878. By Representatives Pak of the 102nd, Atwood of the 179th, Cooper of the 41st and Watson of the 163rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize the use of remote order entry for hospital pharmacies under certain conditions; to provide for a definition; to provide for submission of policies and procedures to the Georgia State Board of Pharmacy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 879. By Representatives Ramsey of the 72nd, Cooper of the 41st, Watson of the 163rd, Coleman of the 97th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by parents or guardians for a student; to delineate the functions that may

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339

be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 880. By Representatives Powell of the 29th, Williams of the 4th, Benton of the 31st and Dickson of the 6th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to real estate professionals; to provide for definitions relative to real estate appraisers and to real estate brokers and salespersons; to change certain provisions relating to revocation of licenses; to change certain provisions relating to discipline, sanctions, and citations; to provide for a letter of findings to be issued by the Georgia Real Estate Appraisers Board and the Georgia Real Estate Commission; to change certain provisions relating to qualifications for a broker or associate broker's license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 881. By Representatives Murphy of the 120th, Neal of the 75th, Williams of the 165th, Drenner of the 86th, Fullerton of the 151st and others:
A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools; Title 36 of the Official Code of Georgia Annotated, relating to local government; and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to government purchasing, so as to modify provisions relating to contractual and purchasing preferences for Georgia service providers and certain supplies, materials, equipment, and agricultural products grown, manufactured, or produced in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.

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HB 882. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3730), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 883. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3736), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 884. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions for the registration and licensing of motor vehicles, so as to provide for temporary plates or "drive-out tags" for trailers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 885. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, particularly by an Act approved

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May 6, 2005 (Ga. L. 2005, p. 3981), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 886. By Representatives Williamson of the 111th, Smyre of the 132nd, Carson of the 43rd, Battles of the 15th, Williams of the 113th and others:
A BILL to be entitled an Act to amend Code Section 7-1-285 of the Official Code of Georgia Annotated, relating to limits on obligations of one person or corporation, so as to limit certain obligations related to credit exposure as a counterparty in derivative transactions; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 887. By Representatives Nimmer of the 178th, Black of the 174th, Dickey of the 136th, Ramsey of the 72nd, Pak of the 102nd and others:
A BILL to be entitled an Act to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Natural Resources, so as to authorize the Department of Natural Resources to solicit and accept gifts, donations, and contributions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 888. By Representatives Rice of the 51st, Hill of the 21st, Spencer of the 180th and Hembree of the 67th:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10, Title 16, Title 40, and Chapter 25 of Title 50 of the O.C.G.A., relating to secondary metals recyclers, crimes and offenses, motor vehicles and traffic, and the Georgia Technology Authority, respectively, so as to provide for comprehensive regulation of theft of regulated metal property; to change punishment provisions for violations of Article 14 of Chapter 1 of Title 10; to provide for the publication of second or subsequent convictions and procedure therefor; to provide for definitions; to provide for related matters;

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to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

HB 889. By Representatives Wilkinson of the 52nd, O`Neal of the 146th, Lindsey of the 54th, Peake of the 137th, Sheldon of the 105th and others:

A BILL to be entitled an Act to amend Code Section 21-5-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission, so as to provide for rule making powers; to repeal conflicting laws; and for other purposes

Referred to the Committee on Rules.

HB 890. By Representatives Parsons of the 42nd, Sims of the 169th, Martin of the 47th and Abrams of the 84th:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, so as to provide for an income tax credit with respect to certain trucks and taxis that are fueled by natural gas; to provide for an income tax credit with respect to construction of refueling stations for natural gas vehicles; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 864 HB 866 HB 868 HB 870 HB 872 HB 874 HR 1239

HB 865 HB 867 HB 869 HB 871 HB 873 HB 875 SB 302

FRIDAY, FEBRUARY 3, 2012

343

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 3, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 741

Supplemental appropriations; State Fiscal Year July 1, 2011 - June 30, 2012 (Substitute)(App-Ralston-7th)

Modified Structured Rule

None

Structured Rule

HB 806

Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide (Substitute)(App-Roberts154th)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

Mr. Speaker:

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The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 225. By Senators Miller of the 49th, Bethel of the 54th, Crosby of the 13th, Cowsert of the 46th, McKoon of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 227. By Senator Loudermilk of the 52nd:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school superintendents; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 305. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees to implement provisions of Article 28, relating to the "Georgia Lemon Law," and enforcement, so as to increase the fee to be collected by new motor vehicle dealers from the consumer for the sale or lease of a new motor vehicle; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 319. By Senators Jeffares of the 17th, Tolleson of the 20th, Chance of the 16th, Tippins of the 37th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the ordering of persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and to prohibited acts generally, so as to revise certain provisions relating to the use of boats in the waters of state parks, historic areas, and recreational areas; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 3, 2012

345

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 477. By Representatives Shaw of the 176th, Meadows of the 5th, Maxwell of the 17th, Hembree of the 67th, James of the 135th 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 the transition from an annual renewal to a biennial renewal of licenses of agents, agencies, subagents, counselors, and adjusters; to provide for adjustment of licensing fees as necessary to accommodate biennial licensing; to provide for promulgation of rules and regulations by the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 683. By Representatives Willard of the 49th, Smith of the 131st, Welch of the 110th, McCall of the 30th and Dickey of the 136th:
A BILL to be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of certain garnishees may be done by authorized officers or employees and shall not constitute the practice of law; to provide for definitions; to provide that delivery to the court of money or property that is subject to garnishment may likewise be accomplished by certain officers or employees of an entity; to conform the terminology of the chapter to reflect defined terms; to change provisions relating to service of garnishment actions; to increase the amount of attorney's fees a garnishee may deduct from the sums paid into court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1238. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

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JOURNAL OF THE HOUSE

SB 225. By Senators Miller of the 49th, Bethel of the 54th, Crosby of the 13th, Cowsert of the 46th, McKoon of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 227. By Senator Loudermilk of the 52nd:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school superintendents; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 305. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees to implement provisions of Article 28, relating to the "Georgia Lemon Law," and enforcement, so as to increase the fee to be collected by new motor vehicle dealers from the consumer for the sale or lease of a new motor vehicle; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 319. By Senators Jeffares of the 17th, Tolleson of the 20th, Chance of the 16th, Tippins of the 37th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the ordering of persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and to prohibited acts generally, so as to revise certain provisions relating to

FRIDAY, FEBRUARY 3, 2012

347

the use of boats in the waters of state parks, historic areas, and recreational areas; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives O`Neal of the 146th, Collins of the 27th, and Wilkerson of the 33rd.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means:
HB 450. By Representatives Sims of the 169th, Powell of the 29th, Pruett of the 144th, Rogers of the 26th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 806. By Representatives Roberts of the 154th, England of the 108th, Houston of the 170th, Meadows of the 5th, Davis of the 109th and others:
A BILL to be entitled an Act to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Transportation, so as to provide for the mandatory appropriation of motor fuel tax funds that carry forward from one fiscal year to the next; 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 BE ENTITLED AN ACT
To amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Transportation, so as to provide for the mandatory appropriation of motor fuel tax funds that carry forward from one fiscal year

348

JOURNAL OF THE HOUSE

to the next; 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 32-2-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Transportation, is amended in subsection (a) by replacing the semicolon at the end of paragraph (2) with a period, by redesignating said paragraph (2) as subparagraph (2)(A), and by adding a new subparagraph to read as follows:
"(B)(i) If a motor fuel tax appropriation made to the department during any fiscal year has not been fully spent or contractually obligated by the end of the fiscal year, the purpose of the remaining balance of the appropriation carried forward into the next fiscal year shall be activities of the department incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by law. (ii) For purposes of budgetary accounting and control, such appropriation balances shall be accumulated collectively in the Mandatory Appropriation Carryover Program and shall remain a part of the State Public Transportation Fund, though separately identified. The General Assembly may appropriate from such program any funds not expended or contractually obligated by the department. (iii) The provisions of this subparagraph shall apply to any mandatory appropriation of motor fuel funds to the department unless specifically provided otherwise in an Appropriations Act of the General Assembly. (iv) The provisions of this subparagraph shall apply only to the unspent and unobligated balance of any appropriation up to 20 percent of the original appropriation. Any unspent or unobligated balance in excess of 20 percent of the original appropriation shall carry forward as a continuing mandatory appropriation for its original purpose unless changed as provided by law. (v) The provisions of this subparagraph shall not apply to appropriations for the authorization or payment of public debt, appropriations for grants to local governments for public road work, or any appropriation that is not an appropriation to the department. (vi) The department shall not allocate funds from the Mandatory Appropriations Carryover Program to any program or activity that did not have an appropriation in the fiscal year in which such allocation is made unless the need was not ascertainable at the time of the enactment of the general appropriations Act for such fiscal year. The department shall not allocate funds from the Mandatory Appropriations Carryover Program to a new program or activity that would require operating funds or capital outlay funds beyond the fiscal year in which such allocation is made;"

FRIDAY, FEBRUARY 3, 2012

349

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 appropriations in any general appropriations Act in effect on and after the effective date of this Act.

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper E Crawford

Y Davis E Dawkins-Haigler E Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England
Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Heckstall Y Hembree E Henson Y Hightower Y Hill E Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse Y Jerguson
Johnson Y Jones, J E Jones, S Y Jordan
Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson E Welch Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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On the passage of the Bill, by substitute, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Clark of the 98th, Hudson of the 124th, and Kaiser of the 59th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Dempsey of the 13th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 741. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the "General Appropriations Act," House Bill 78, Act No. 223, approved May 12, 2011, (Ga. L. 2011, Vol. I, Book II).
The following Committee substitute was read:
HOUSE COMMITTEE SUBSTITUTE A BILL TO BE ENTITLED AN ACT

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2011 and ending June 30, 2012, known as the general appropriations Act, approved May 12, 2011, as House Bill 78, Act No. 223, Ga. Laws 2011, Volume One, Book Two Appendix, commencing at Page 1 of 231, so as to make, provide and change certain appropriations for the operation of state government and its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1 An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2011 and ending June 30, 2012, known as the general appropriations Act, approved May 12, 2011, as House Bill 78, Act No. 223, Ga. Laws 2011, Volume One, Book Two Appendix, commencing at Page 1 of 231, is amended by striking everything following the enacting

FRIDAY, FEBRUARY 3, 2012

351

clause through Section 56 and substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2011 and ending June 30, 2012, as prescribed hereinafter for such fiscal year:

Total Funds

$39,649,336,438

Federal Funds and Grants

$11,170,960,563

CCDF Mandatory and Matching Funds

$93,207,077

Child Care and Development Block Grant

$130,957,733

Community Mental Health Services Block Grant

$14,141,291

Community Service Block Grant

$17,282,159

Federal Highway Administration Highway Planning and Construction $1,143,641,430

Foster Care Title IV-E

$77,728,169

Low-Income Home Energy Assistance

$24,827,737

Maternal and Child Health Services Block Grant

$20,893,965

Medical Assistance Program

$5,449,282,399

Prevention and Treatment of Substance Abuse Block Grant

$51,480,893

Preventive Health and Health Services Block Grant

$2,226,545

Social Services Block Grant

$88,926,885

State Children's Insurance Program

$266,205,440

TANF Block Grant - Unobligated Balance

$9,551,600

Temporary Assistance for Needy Families Block Grant

$377,054,803

Federal Funds Not Specifically Identified

$3,403,552,437

Federal Recovery Funds

$74,050,131

ARRA - State Grants to Promote Health Information Technology

$6,190,881

Electricity Delivery and Energy Reliability, Research, Development and Analysis

$241,475

Medical Assistance Program (ARRA)

$9,016,397

Federal Funds Not Specifically Identified

$58,601,378

Other Funds

$6,364,715,332

Agency Funds

$2,841,836,577

Indigent Care Trust Fund - Public Hospital Authorities

$139,386,524

Other Funds - Not Specifically Identified

$1,284,546,613

Prior Year Funds - Other

$15,129,952

Prior Year funds State General Funds

$74,070,999

Records Center Storage Fee

$435,771

Research Funds

$2,009,308,896

State Funds

$18,550,987,951

Brain and Spinal Injury Trust Fund

$2,333,708

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Hospital Provider Payment Lottery Funds Motor Fuel Funds Nursing Home Provider Fees State General Funds Tobacco Settlement Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments

$225,568,262 $918,008,929 $934,393,584 $143,556,543 $16,188,654,658 $138,472,267 $3,488,622,461 $2,930,915,989 $289,357,262
$59,956,241 $46,157,764 $162,235,205

Section 1: Georgia Senate Total Funds State Funds State General Funds

$10,259,750 $10,259,750 $10,259,750

1.1. Lieutenant Governor's Office

Total Funds

$1,184,930

State Funds

$1,184,930

State General Funds

$1,184,930

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,187,278 $1,187,278

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$19,427

$19,427

Reduce funds for operating expenses.

($21,775)

($21,775)

Amount appropriated in this Act

$1,184,930 $1,184,930

1.2. Secretary of the Senate's Office

Total Funds

$1,075,667

State Funds

$1,075,667

State General Funds

$1,075,667

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 3, 2012

353

Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reduce funds for operating expenses. Amount appropriated in this Act

State Funds $1,080,389
$13,958

Total Funds $1,080,389
$13,958

($18,680) $1,075,667

($18,680) $1,075,667

1.3. Senate

Total Funds

$7,058,091

State Funds

$7,058,091

State General Funds

$7,058,091

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,073,613 $7,073,613

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$90,937

$90,937

Reduce funds for operating expenses.

($106,459) ($106,459)

Amount appropriated in this Act

$7,058,091 $7,058,091

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

$941,062

State Funds

$941,062

State General Funds

$941,062

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$925,086

$925,086

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$15,976

$15,976

Amount appropriated in this Act

$941,062

$941,062

Section 2: Georgia House of Representatives Total Funds

$18,506,135

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State Funds State General Funds

$18,506,135 $18,506,135

2.1. House of Representatives

Total Funds

$18,506,135

State Funds

$18,506,135

State General Funds

$18,506,135

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$18,540,176 $18,540,176

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$224,082

$224,082

Reduce funds for operating expenses.

($258,123) ($258,123)

Amount appropriated in this Act

$18,506,135 $18,506,135

Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds

$9,961,286 $9,961,286 $9,961,286

3.1. Ancillary Activities

Purpose: The purpose of this appropriation is to provide services for the legislative branch of government.

Total Funds

$4,785,296

State Funds

$4,785,296

State General Funds

$4,785,296

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,903,201 $4,903,201

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$21,143

$21,143

Reflect an adjustment in telecommunications expenses.

$8,048

$8,048

Reduce funds for operating expenses.

($147,096) ($147,096)

Amount appropriated in this Act

$4,785,296 $4,785,296

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355

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

$2,275,443

State Funds

$2,275,443

State General Funds

$2,275,443

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,244,125 $2,244,125

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$31,318

$31,318

Amount appropriated in this Act

$2,275,443 $2,275,443

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

$2,900,547

State Funds

$2,900,547

State General Funds

$2,900,547

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,846,707 $2,846,707

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$53,840

$53,840

Amount appropriated in this Act

$2,900,547 $2,900,547

Section 4: Audits and Accounts, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$31,021,157 $423,640 $423,640
$29,900,967 $29,900,967
$696,550 $696,550

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JOURNAL OF THE HOUSE

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

$27,132,740

Other Funds

$423,640

Other Funds - Not Specifically Identified

$423,640

State Funds

$26,012,550

State General Funds

$26,012,550

Intra-State Government Transfers

$696,550

Other Intra-State Government Payments

$696,550

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$25,605,609 $26,725,799

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$436,450

$436,450

Reflect an adjustment in telecommunications expenses.

($29,509)

($29,509)

Amount appropriated in this Act

$26,012,550 $27,132,740

4.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all Department programs.

Total Funds

$1,619,223

State Funds

$1,619,223

State General Funds

$1,619,223

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,587,057 $1,587,057

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$24,516

$24,516

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357

Provide pass-through funding for operations for the Immigration Enforcement Review Board.
Amount appropriated in this Act

$7,650 $1,619,223

$7,650 $1,619,223

4.3. Legislative Services

Purpose: The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact, 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

$245,082

State Funds

$245,082

State General Funds

$245,082

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$242,758

$242,758

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$2,324

$2,324

Amount appropriated in this Act

$245,082

$245,082

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

$2,024,112

State Funds

$2,024,112

State General Funds

$2,024,112

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,991,482 $1,991,482

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$32,630

$32,630

Amount appropriated in this Act

$2,024,112 $2,024,112

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Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$13,821,638 $150,000 $150,000
$13,671,638 $13,671,638

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

$13,821,638

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$13,671,638

State General Funds

$13,671,638

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$13,357,490 $13,507,490

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$209,373

$209,373

Reflect an adjustment in telecommunications expenses.

$1,235

$1,235

Fund one vacant staff attorney position effective March 1, 2012.

$40,540

$40,540

Restore personal services reductions.

$63,000

$63,000

Amount appropriated in this Act

$13,671,638 $13,821,638

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

$17,400,661 $2,552,935 $2,552,935 $1,144,998
$876,093 $268,905 $13,702,728 $13,702,728

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359

6.1. Accountability Courts

Purpose: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, mental health courts, and the Judicial Council Standing Committee on Drug Courts. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court.

Total Funds

$2,265,849

State Funds

$2,265,849

State General Funds

$2,265,849

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,263,559 $2,263,559

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$2,290

$2,290

Amount appropriated in this Act

$2,265,849 $2,265,849

6.2. 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

$172,890

Other Funds

$172,890

Agency Funds

$172,890

6.3. Institute of Continuing Judicial Education

Purpose: The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel.

Total Funds

$1,164,992

Other Funds

$703,203

Agency Funds

$703,203

State Funds

$461,789

State General Funds

$461,789

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6.4. 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

$12,611,046

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

$9,789,206

State General Funds

$9,789,206

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$9,768,489 $12,590,329

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$90,326

$90,326

Reflect an adjustment in telecommunications expenses.

($94,609)

($94,609)

Increase funding to provide for a pilot remote interpreter program in two rural counties.

$25,000

$25,000

Amount appropriated in this Act

$9,789,206 $12,611,046

6.5. 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

$447,744

State Funds

$447,744

State General Funds

$447,744

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 3, 2012

361

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Increase funds for an investigative staff attorney due to the increased number of complaints processed.
Amount appropriated in this Act

State Funds $409,240 $3,504

Total Funds $409,240 $3,504

$35,000 $447,744

$35,000 $447,744

6.6. 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

$738,140

State Funds

$738,140

State General Funds

$738,140

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$565,500

$565,500

Increase funds to offset the elimination of funding from the Georgia Bar Foundation.

$172,640

$172,640

Amount appropriated in this Act

$738,140

$738,140

Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$7,187,675 $447,456 $447,456
$6,740,219 $6,740,219

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

$1,883,280

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

State Funds

$1,435,824

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State General Funds

$1,435,824

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,413,955 $1,861,411

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$21,648

$21,648

Reflect an adjustment in telecommunications expenses.

$221

$221

Amount appropriated in this Act

$1,435,824 $1,883,280

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

$5,304,395

State Funds

$5,304,395

State General Funds

$5,304,395

Section 8: Prosecuting Attorneys Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$60,204,533 $1,802,127 $1,802,127 $58,402,406 $58,402,406

8.1. 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 the training of superior court clerks.

Total Funds

$187,455

State Funds

$187,455

State General Funds

$187,455

8.2. 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 OCGA 15-18.

Total Funds

$54,501,349

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363

Other Funds

$1,802,127

Other Funds - Not Specifically Identified

$1,802,127

State Funds

$52,699,222

State General Funds

$52,699,222

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$51,702,616 $53,504,743

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$996,606

$996,606

Amount appropriated in this Act

$52,699,222 $54,501,349

8.3. Prosecuting Attorney's Council

Purpose: The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

Total Funds

$5,515,729

State Funds

$5,515,729

State General Funds

$5,515,729

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,444,632 $5,444,632

Reflect an adjustment in telecommunications expenses.

($1,741)

($1,741)

Provide funds to restore rent reductions in FY 2012.

$72,838

$72,838

Restore funds for personal services and operations reduced in FY 2012.

$0

$0

Amount appropriated in this Act

$5,515,729 $5,515,729

Section 9: Superior Courts Total Funds State Funds State General Funds

$59,925,139 $59,925,139 $59,925,139

9.1. 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.

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Total Funds

$1,235,228

State Funds

$1,235,228

State General Funds

$1,235,228

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,202,718 $1,202,718

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$19,416

$19,416

Reflect an adjustment in telecommunications expenses.

$2,294

$2,294

Provide additional funding for temporary labor to replace eliminated positions.

$10,800

$10,800

Amount appropriated in this Act

$1,235,228 $1,235,228

9.2. 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

$2,233,190

State Funds

$2,233,190

State General Funds

$2,233,190

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,179,029 $2,179,029

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$36,110

$36,110

Restore FY 2012 personal services reductions.

$18,051

$18,051

Restore a portion of operating funds that have been reduced

$0

$0

from FY 2009 to FY 2012 as a result of budget reductions.

Amount appropriated in this Act

$2,233,190 $2,233,190

9.3. 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

$56,456,721

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365

State Funds

$56,456,721

State General Funds

$56,456,721

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$55,388,265 $55,388,265

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$899,898

$899,898

Restore FY 2012 personal services reductions.

$168,558

$168,558

Amount appropriated in this Act

$56,456,721 $56,456,721

Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$10,660,503 $1,859,823 $1,859,823 $8,800,680 $8,800,680

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

$10,660,503

Other Funds

$1,859,823

Other Funds - Not Specifically Identified

$1,859,823

State Funds

$8,800,680

State General Funds

$8,800,680

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$8,625,575 $10,485,398

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$146,137

$146,137

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Reflect an adjustment in telecommunications expenses. Increase funds to address a shortfall in Employees' Retirement System funding. Amount appropriated in this Act

$4,278 $24,690

$4,278 $24,690

$8,800,680 $10,660,503

Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$15,944,361 $3,751,462 $3,751,462 $12,192,899 $12,192,899

11.1. State Accounting Office

Purpose: The purpose of this appropriation is to prescribe statewide accounting policies, procedures, and practices, to provide financial management leadership to state agencies, to prepare and provide annual financial statements and other statutory or regulatory reports, to develop and maintain the state's financial and human capital management systems, and to improve the accountability and efficiency of various financial and operational processes.

Total Funds

$15,944,361

State Funds

$3,751,462

State General Funds

$3,751,462

Intra-State Government Transfers

$12,192,899

Other Intra-State Government Payments

$12,192,899

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,689,254 $15,882,153

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$57,365

$57,365

Reflect an adjustment in telecommunications expenses.

$78,628

$78,628

Provide funds for a grants management program.

$0

$0

Reduce contract funds with the Carl Vinson Institute of Government for training.

($73,785)

($73,785)

Amount appropriated in this Act

$3,751,462 $15,944,361

Section 12: Administrative Services, Department of Total Funds Other Funds

$191,692,321 $22,784,191

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367

Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Self Insurance Trust Fund Payments

$16,338,159 $6,446,032 $6,672,925 $6,672,925
$162,235,205 $162,235,205

12.1. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$4,227,297

Other Funds

$4,227,297

Other Funds - Not Specifically Identified

$4,227,297

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $4,050,370

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$0

$176,927

Amount appropriated in this Act

$0 $4,227,297

12.2. Fleet Management

Purpose: The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for traveling state employees.

Total Funds

$1,020,141

Other Funds

$1,020,141

Other Funds - Not Specifically Identified

$1,020,141

12.3. Mail and Courier

Purpose: The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta.

Total Funds

$1,079,669

Other Funds

$1,079,669

Agency Funds

$1,079,669

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12.4. Risk Management

Purpose: The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program.

Total Funds

$162,235,205

Intra-State Government Transfers

$162,235,205

Self Insurance Trust Fund Payments

$162,235,205

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $136,459,599

Increase funds to reflect Workers' Compensation premiums.

$0 $22,775,606

Reflect $3,000,000 in additional billings for unemployment insurance expenses.

$0 $3,000,000

Amount appropriated in this Act

$0 $162,235,205

12.5. State Purchasing

Purpose: The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors.

Total Funds

$10,319,374

Other Funds

$10,319,374

Agency Funds

$10,319,374

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $10,000,000

Provide for a payment to the Office of the State Treasurer (Total Funds: $2,500,000).

$0

$0

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$0

$319,374

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369

Remove the funding cap on State Purchasing and Administration to allow for the completion of Team Georgia Marketplace (HB 78, 2011).
Amount appropriated in this Act

$0

$0

$0 $10,319,374

12.6. Surplus Property

Purpose: The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction.

Total 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: The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

Total Funds

$41,559

Other Funds

$41,559

Agency Funds

$41,559

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$41,559

$41,559

Replace state funds with other funds for operating expenses.

($41,559)

$0

Amount appropriated in this Act

$0

$41,559

12.8. Office of State Administrative Hearings

Purpose: The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies.

Total Funds

$3,848,859

Other Funds

$1,451,269

Agency Funds

$1,451,269

State Funds

$2,397,590

State General Funds

$2,397,590

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reduce funds for temporary employees.
Replace state funds with other funds for operating expenses.
Amount appropriated in this Act

State Funds $2,562,711
$36,597

Total Funds $3,863,516
$36,597

($51,254) ($150,464)
$2,397,590

($51,254) $0
$3,848,859

12.9. Office of the State Treasurer

Purpose: The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; to manage state revenue collections; and to manage the Path2College 529 Plan.

Total Funds

$3,446,288

Other Funds

$3,446,288

Agency Funds

$3,446,288

12.10. 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

$4,275,335

State Funds

$4,275,335

State General Funds

$4,275,335

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,255,824 $5,255,824

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$50,626

$50,626

Reflect an adjustment in telecommunications expenses.

$13,581

$13,581

Reduce funds for operating expenses.

($85,941)

($85,941)

Reflect an Executive Order to transfer nine months funding and six positions to the Department of Public Safety.

($958,755)

($958,755)

Amount appropriated in this Act

$4,275,335 $4,275,335

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371

12.11. Payments to Georgia Technology Authority

Purpose: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services.

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 (HB78)

$0

$0

Reduce payment to the Office of the State Treasurer by $19,314,908 from $20,972,832 to $1,657,924 and utilize reserves for federal over-recovery payment.

$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

$49,809,158 $7,163,980 $7,163,980 $12,292,430
$297,248 $11,995,182 $30,352,748 $30,352,748

13.1. Athens and Tifton Veterinary Laboratories

Purpose: The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

Total Funds

$2,810,149

State Funds

$2,810,149

State General Funds

$2,810,149

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,867,499 $2,867,499

Reduce funds for operating expenses.

($57,350)

($57,350)

Amount appropriated in this Act

$2,810,149 $2,810,149

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13.2. Consumer Protection

Purpose: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale, and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.

Total Funds

$31,188,599

Federal Funds and Grants

$7,128,980

Federal Funds Not Specifically Identified

$7,128,980

Other Funds

$7,617,920

Other Funds - Not Specifically Identified

$7,617,920

State Funds

$16,441,699

State General Funds

$16,441,699

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$16,546,818 $31,393,659

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$238,156

$238,156

Reflect an adjustment in telecommunications expenses.

($20,966)

($20,966)

Reduce funds for personal services to reflect projected expenditures.

($322,309) ($422,250)

Amount appropriated in this Act

$16,441,699 $31,188,599

13.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$4,575,552

Other Funds

$2,424,228

Other Funds - Not Specifically Identified

$2,424,228

State Funds

$2,151,324

State General Funds

$2,151,324

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373

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,219,566 $4,643,794

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$33,753

$33,753

Reflect an adjustment in telecommunications expenses.

($5,578)

($5,578)

Reduce funds for personal services to reflect projected expenditures and eliminate two filled positions.

($96,417)

($96,417)

Amount appropriated in this Act

$2,151,324 $4,575,552

13.4. Marketing and Promotion

Purpose: The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin.

Total Funds

$7,179,618

Federal Funds and Grants

$35,000

Federal Funds Not Specifically Identified

$35,000

Other Funds

$1,953,034

Other Funds - Not Specifically Identified

$1,953,034

State Funds

$5,191,584

State General Funds

$5,191,584

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,180,528 $7,201,945

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$72,587

$72,587

Reflect an adjustment in telecommunications expenses.

($8,617)

($8,617)

Reduce funds for personal services to reflect projected expenditures and eliminate one vacant position.

($62,914)

($96,297)

Reduce funds for travel.

($10,000)

($10,000)

Reduce contract funds.

($55,000)

($55,000)

Provide funds for a H1B/H2A guest worker program.

$75,000

$75,000

Amount appropriated in this Act

$5,191,584 $7,179,618

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13.5. Poultry Veterinary Diagnostic Labs

Purpose: The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring.

Total Funds

$2,763,298

State Funds

$2,763,298

State General Funds

$2,763,298

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,819,692 $2,819,692

Reduce funds for operating expenses.

($56,394)

($56,394)

Amount appropriated in this Act

$2,763,298 $2,763,298

The following appropriations are for agencies attached for administrative purposes.

13.6. Payments to Georgia Agricultural Exposition Authority

Purpose: The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

Total Funds

$1,291,942

Other Funds

$297,248

Agency Funds

$297,248

State Funds

$994,694

State General Funds

$994,694

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,291,942 $1,291,942

Replace state funds with other funds for operating expenses.

($297,248)

$0

Amount appropriated in this Act

$994,694 $1,291,942

Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds

$11,110,830 $11,110,830 $11,110,830

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.

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375

Total Funds

$214,712

State Funds

$214,712

State General Funds

$214,712

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$211,192

$211,192

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$3,403

$3,403

Reflect an adjustment in telecommunications expenses.

$117

$117

Amount appropriated in this Act

$214,712

$214,712

14.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$1,949,076

State Funds

$1,949,076

State General Funds

$1,949,076

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,970,213 $1,970,213

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$27,776

$27,776

Reflect an adjustment in telecommunications expenses.

$1,067

$1,067

Reduce funding for computer charges.

($14,000)

($14,000)

Reduce funding for regular operating expenses.

($4,980)

($4,980)

Reduce funds for personal services due to retirements.

($31,000)

($31,000)

Amount appropriated in this Act

$1,949,076 $1,949,076

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

$7,078,398

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State Funds

$7,078,398

State General Funds

$7,078,398

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,033,886 $7,033,886

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$108,917

$108,917

Reflect an adjustment in telecommunications expenses.

$3,871

$3,871

Reduce funding for computer charges.

($25,000)

($25,000)

Reduce funding for regular operating expenses.

($20,110)

($20,110)

Reduce personal services due to attrition and retirement savings and retain sufficient funding to fill critical vacancies effective March 2012.

($23,166)

($23,166)

Amount appropriated in this Act

$7,078,398 $7,078,398

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

$1,868,644

State Funds

$1,868,644

State General Funds

$1,868,644

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,855,901 $1,855,901

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$27,055

$27,055

Reflect an adjustment in telecommunications expenses.

$1,022

$1,022

Reduce personal services due to attrition and retirement savings and retain sufficient funding to fill critical vacancies effective March 2012.

($15,334)

($15,334)

Amount appropriated in this Act

$1,868,644 $1,868,644

Section 15: Behavioral Health and Developmental Disabilities, Department of

Total Funds

$1,100,393,127

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377

Federal Funds and Grants Community Mental Health Services Block Grant Medical Assistance Program Prevention and Treatment of Substance Abuse Block Grant Social Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$161,760,404 $14,141,291 $23,637,148 $51,480,893 $35,981,142 $17,907,460 $18,612,470 $55,779,370 $39,356,648 $16,422,722 $880,056,300 $869,801,162 $10,255,138
$2,797,053 $2,797,053

15.1. Adult Addictive Diseases Services

Purpose: The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers.

Total Funds

$92,722,680

Federal Funds and Grants

$48,167,291

Medical Assistance Program

$200,000

Prevention and Treatment of Substance Abuse Block Grant

$30,059,831

Temporary Assistance for Needy Families Block Grant

$17,907,460

Other Funds

$435,203

Agency Funds

$434,903

Other Funds - Not Specifically Identified

$300

State Funds

$44,120,186

State General Funds

$44,120,186

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$43,587,912 $94,413,434

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$613,406

$613,406

Reflect an adjustment in telecommunications expenses.

$5,626

$5,626

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Reduce TANF funds to recognize the loss of the TANF Supplemental grant.
Reduce state funds to reflect one-time credit from the Employees' Retirement System.
Amount appropriated in this Act

$0 ($2,223,028)

($86,758)

($86,758)

$44,120,186 $92,722,680

15.2. Adult Developmental Disabilities Services

Purpose: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line.

Total Funds

$317,714,715

Federal Funds and Grants

$39,582,166

Medical Assistance Program

$10,937,995

Social Services Block Grant

$28,644,171

Other Funds

$28,706,127

Agency Funds

$17,521,674

Other Funds - Not Specifically Identified

$11,184,453

State Funds

$249,426,422

State General Funds

$239,171,284

Tobacco Settlement Funds

$10,255,138

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$259,833,323 $328,682,850

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$1,662,334 $1,662,334

Reflect an adjustment in telecommunications expenses.

$129,402

$129,402

Reduce funds for contractual services. (G:YES)(H:YES)

($575,000) ($725,000)

Use encumbered funds for crisis service expenses.

($11,200,000) ($11,200,000)

Reduce TANF funds to recognize the loss of the TANF Supplemental grant. (G:YES)(H:YES)

$0 ($411,234)

Reduce state funds to reflect one-time credit from the Employees' Retirement System.

($2,646,113) ($2,646,113)

Transfer funds from the Direct Care Support Services program to properly align the budget to expenditures.

$2,222,476 $2,222,476

Amount appropriated in this Act

$249,426,422 $317,714,715

15.3. Adult Forensic Services Purpose: The purpose of this appropriation is to provide psychological evaluations of

FRIDAY, FEBRUARY 3, 2012

379

defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers.

Total Funds

$60,613,397

Other Funds

$26,500

Other Funds - Not Specifically Identified

$26,500

State Funds

$60,586,897

State General Funds

$60,586,897

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$55,669,763 $55,696,263

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$849,163

$849,163

Reflect an adjustment in telecommunications expenses.

$67,514

$67,514

Transfer funds from the Direct Care Support Services program to properly align the budget to expenditures.

$4,000,457 $4,000,457

Amount appropriated in this Act

$60,586,897 $60,613,397

15.4. Adult Mental Health Services

Purpose: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses.

Total Funds

$281,922,683

Federal Funds and Grants

$23,844,101

Community Mental Health Services Block Grant

$8,800,725

Medical Assistance Program

$1,982,065

Federal Funds Not Specifically Identified

$13,061,311

Other Funds

$2,303,357

Agency Funds

$1,130,000

Other Funds - Not Specifically Identified

$1,173,357

State Funds

$255,775,225

State General Funds

$255,775,225

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$259,114,287 $282,085,894

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Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Reduce funds for contractual services.
Reflect one-time savings in personal services and system development expenses.
Replace state funds with Medicaid administrative funds for contractual services.
Replace state funds with Mental Health Block Grant funds for contractual services.
Reduce state funds to reflect one-time credit from the Employees' Retirement System.
Transfer funds from the Direct Care Support Services program to properly align the budget to expenditures.
Reduce funds based on prior year expenditures.
Provide funding for the continuation of the Opening Doors to Recovery Project.
Amount appropriated in this Act

$3,394,860 $3,394,860

$85,968 ($3,045,414)
($521,587)

$85,968 ($3,045,414)
($521,587)

($1,078,886)

$0

($2,096,965)

$0

($1,605,019) ($1,605,019)

$1,777,981 $1,777,981

($500,000) $250,000

($500,000) $250,000

$255,775,225 $281,922,683

15.5. Adult Nursing Home Services

Purpose: The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities.

Total Funds

$10,777,720

Other Funds

$6,330,069

Agency Funds

$6,330,069

State Funds

$4,447,651

State General Funds

$4,447,651

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,495,426 $9,825,495

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$51,983

$51,983

Reflect an adjustment in telecommunications expenses.

$11,252

$11,252

Transfer funds from the Direct Care Support Services program to properly align the budget to expenditures.

$888,990

$888,990

Amount appropriated in this Act

$4,447,651 $10,777,720

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381

15.6. Child and Adolescent Addictive Diseases Services

Purpose: The purpose of this appropriation is to provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$14,552,779

Federal Funds and Grants

$11,347,030

Medical Assistance Program

$226,000

Prevention and Treatment of Substance Abuse Block Grant

$11,121,030

State Funds

$3,205,749

State General Funds

$3,205,749

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,194,665 $14,541,695

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$5,458

$5,458

Reflect an adjustment in telecommunications expenses.

$5,626

$5,626

Amount appropriated in this Act

$3,205,749 $14,552,779

15.7. Child and Adolescent Developmental Disabilities

Purpose: The purpose of this appropriation is to provide evaluation, residential, support, and education services to children and adolescents with developmental disabilities.

Total Funds

$11,395,526

Federal Funds and Grants

$3,148,692

Medical Assistance Program

$3,148,692

Other Funds

$65,839

Agency Funds

$65,839

State Funds

$8,180,995

State General Funds

$8,180,995

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,902,148 $10,866,679

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$23,221

$23,221

Reflect an adjustment in telecommunications expenses.

$5,626

$5,626

Provide additional funding for the Marcus Autism Center.

$250,000

$500,000

Amount appropriated in this Act

$8,180,995 $11,395,526

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15.8. Child and Adolescent Forensic Services

Purpose: The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system.

Total Funds

$3,237,885

State Funds

$3,237,885

State General Funds

$3,237,885

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,203,250 $3,203,250

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$29,009

$29,009

Reflect an adjustment in telecommunications expenses.

$5,626

$5,626

Amount appropriated in this Act

$3,237,885 $3,237,885

15.9. Child and Adolescent Mental Health Services

Purpose: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness.

Total Funds

$86,125,415

Federal Funds and Grants

$8,104,349

Community Mental Health Services Block Grant

$5,340,566

Medical Assistance Program

$2,763,783

Other Funds

$2,669,781

Agency Funds

$85,000

Other Funds - Not Specifically Identified

$2,584,781

State Funds

$75,351,285

State General Funds

$75,351,285

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$75,258,018 $88,129,113

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$87,641

$87,641

Reflect an adjustment in telecommunications expenses.

$5,626

$5,626

Transfer Mental Health Block Grant funds to the Adult Mental Health Services program for contractual services. (G:YES)(H:YES)

$0 ($2,096,965)

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Amount appropriated in this Act

$75,351,285 $86,125,415

15.10. Departmental Administration - Behavioral Health

Purpose: The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department.

Total Funds

$48,234,446

Federal Funds and Grants

$11,715,584

Medical Assistance Program

$4,378,613

Social Services Block Grant

$7,336,971

Other Funds

$22,133

Agency Funds

$22,133

State Funds

$36,119,386

State General Funds

$36,119,386

Intra-State Government Transfers

$377,343

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 (HB78)

$35,869,230 $47,984,290

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$205,147

$205,147

Reflect an adjustment in telecommunications expenses.

$45,009

$45,009

The Department will evaluate the criteria for establishing a viable waiting list and report to the General Assembly by June 30, 2012 with recommendations for maintaining such lists.

$0

$0

Amount appropriated in this Act

$36,119,386 $48,234,446

15.11. Direct Care Support Services

Purpose: The purpose of this appropriation is to operate six state-owned and operated hospitals.

Total Funds

$156,216,137

Other Funds

$15,220,361

Agency Funds

$13,767,030

Other Funds - Not Specifically Identified

$1,453,331

State Funds

$138,576,066

State General Funds

$138,576,066

Intra-State Government Transfers

$2,419,710

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Other Intra-State Government Payments

$2,419,710

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$145,579,030 $163,219,101

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$1,697,224 $1,697,224

Reflect an adjustment in telecommunications expenses.

$189,716

$189,716

Utilize existing funds for unemployment insurance expenses. (G:YES)

$0

$0

Transfer funds to the Adult Developmental Disabilities Services program ($2,222,476), the Adult Forensic Services program ($4,000,457), the Adult Mental Health Services program ($1,777,981), and the Adult Nursing Home Services program ($888,990) to properly align the budget to expenditures.

($8,889,904)

($8,889,904)

Amount appropriated in this Act

$138,576,066 $156,216,137

15.12. Substance Abuse Prevention

Purpose: The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs.

Total Funds

$13,374,019

Federal Funds and Grants

$13,173,567

Prevention and Treatment of Substance Abuse Block Grant

$10,300,032

Federal Funds Not Specifically Identified

$2,873,535

State Funds

$200,452

State General Funds

$200,452

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$194,513 $13,368,080

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$313

$313

Reflect an adjustment in telecommunications expenses.

$5,626

$5,626

Amount appropriated in this Act

$200,452 $13,374,019

The following appropriations are for agencies attached for administrative purposes.

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385

15.13. Georgia Council on Developmental Disabilities

Purpose: The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

Total Funds

$2,722,259

Federal Funds and Grants

$2,677,624

Federal Funds Not Specifically Identified

$2,677,624

State Funds

$44,635

State General Funds

$44,635

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$45,546 $2,723,170

Reduce funds for contractual services.

($911)

($911)

Amount appropriated in this Act

$44,635 $2,722,259

15.14. Sexual Offender Review Board

Purpose: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending.

Total Funds

$783,466

State Funds

$783,466

State General Funds

$783,466

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$777,474

$777,474

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$5,992

$5,992

Amount appropriated in this Act

$783,466

$783,466

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

$220,924,610 $166,873,783 $166,873,783 $11,537,556
$55,284 $11,482,272 $42,513,271 $42,513,271

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16.1. Building Construction

Purpose: The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes.

Total Funds

$464,981

Other Funds

$239,704

Other Funds - Not Specifically Identified

$239,704

State Funds

$225,277

State General Funds

$225,277

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$224,386

$464,090

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$3,516

$3,516

Reflect an adjustment in telecommunications expenses.

($2,625)

($2,625)

Amount appropriated in this Act

$225,277

$464,981

16.2. Coordinated Planning

Purpose: The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau.

Total Funds

$4,217,226

Federal Funds and Grants

$69,038

Federal Funds Not Specifically Identified

$69,038

Other Funds

$112,928

Other Funds - Not Specifically Identified

$112,928

State Funds

$4,035,260

State General Funds

$4,035,260

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,119,638 $4,250,739

FRIDAY, FEBRUARY 3, 2012

387

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Reflect an adjustment in telecommunications expenses. Replace state funds with other funds for personal services. Reduce funds for Regional Commissions. Amount appropriated in this Act

$28,523

$28,523

($10,500) ($50,865) ($51,536) $4,035,260

($10,500) $0
($51,536) $4,217,226

16.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$5,155,388

Federal Funds and Grants

$1,664,202

Federal Funds Not Specifically Identified

$1,664,202

Other Funds

$2,328,369

Other Funds - Not Specifically Identified

$2,328,369

State Funds

$1,162,817

State General Funds

$1,162,817

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,252,849 $5,378,368

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$8,890

$8,890

Reflect an adjustment in telecommunications expenses.

($11,156)

($11,156)

Replace state funds with other funds for operating expenses.

($25,000)

$0

Reduce contract funds.

($25,000)

($25,000)

Eliminate one vacant and three filled positions.

($37,766) ($195,714)

Amount appropriated in this Act

$1,162,817 $5,155,388

16.4. Federal Community and Economic Development Programs

Purpose: The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities.

Total Funds

$46,930,974

Federal Funds and Grants

$45,174,474

Federal Funds Not Specifically Identified

$45,174,474

Other Funds

$243,318

388

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$243,318

State Funds

$1,513,182

State General Funds

$1,513,182

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,568,400 $47,017,346

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$21,029

$21,029

Reflect an adjustment in telecommunications expenses.

($15,093)

($15,093)

Eliminate one filled position.

($31,154)

($62,308)

Reduce grant funds to reflect match requirement for the Appalachian Regional Commission.

($30,000)

($30,000)

Amount appropriated in this Act

$1,513,182 $46,930,974

16.5. Homeownership Programs

Purpose: The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers.

Total 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

16.6. Regional Services

Purpose: The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

Total Funds

$1,363,338

Federal Funds and Grants

$105,625

Federal Funds Not Specifically Identified

$105,625

Other Funds

$175,000

Other Funds - Not Specifically Identified

$175,000

FRIDAY, FEBRUARY 3, 2012

389

State Funds

$1,082,713

State General Funds

$1,082,713

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,078,094 $1,358,719

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$16,431

$16,431

Reflect an adjustment in telecommunications expenses.

($11,812)

($11,812)

Amount appropriated in this Act

$1,082,713 $1,363,338

16.7. Rental Housing Programs

Purpose: The purpose of this appropriation is to provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state housing tax credits on a competitive basis, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market.

Total Funds

$120,865,194

Federal Funds and Grants

$117,798,098

Federal Funds Not Specifically Identified

$117,798,098

Other Funds

$3,067,096

Other Funds - Not Specifically Identified

$3,067,096

16.8. Research and Surveys

Purpose: The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law.

Total Funds

$368,210

State Funds

$368,210

State General Funds

$368,210

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$367,175

$367,175

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$4,464

$4,464

Reflect an adjustment in telecommunications expenses.

($3,429)

($3,429)

Amount appropriated in this Act

$368,210

$368,210

390

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16.9. Special Housing Initiatives

Purpose: The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives.

Total Funds

$5,324,954

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

$2,962,892

State General Funds

$2,962,892

16.10. State Community Development Programs

Purpose: The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia.

Total Funds

$937,940

Other Funds

$85,166

Agency Funds

$55,284

Other Funds - Not Specifically Identified

$29,882

State Funds

$852,774

State General Funds

$852,774

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$849,908

$935,074

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$12,561

$12,561

Reflect an adjustment in telecommunications expenses.

($9,695)

($9,695)

Amount appropriated in this Act

$852,774

$937,940

16.11. State Economic Development Programs

Purpose: The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investments in order to attract and promote economic development and job creation.

Total Funds

$11,529,129

Federal Funds and Grants

$13,587

FRIDAY, FEBRUARY 3, 2012

391

Federal Funds Not Specifically Identified

$13,587

Other Funds

$154,681

Other Funds - Not Specifically Identified

$154,681

State Funds

$11,360,861

State General Funds

$11,360,861

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$11,559,483 $11,727,751

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$2,691

$2,691

Reflect an adjustment in telecommunications expenses.

($1,313)

($1,313)

Reduce funds for Regional Economic Business Assistance (REBA) grants.

($200,000) ($200,000)

Amount appropriated in this Act

$11,360,861 $11,529,129

The following appropriations are for agencies attached for administrative purposes.

16.12. Payments to Georgia Environmental Finance Authority

Purpose: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

Total Funds

$283,495

State Funds

$283,495

State General Funds

$283,495

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$283,495

$283,495

Reduce contract funds for the Georgia Rural Water Association.

$0

$0

Amount appropriated in this Act

$283,495

$283,495

16.13. Payments to Georgia Regional Transportation Authority

Purpose: The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

Total Funds

$8,665,790

State Funds

$8,665,790

392

JOURNAL OF THE HOUSE

State General Funds

$8,665,790

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,953,873 $2,953,873

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$41,089

$41,089

Reflect an adjustment in telecommunications expenses.

$37,289

$37,289

Utilize existing funds for staff to implement the Transportation Investment Act for transit projects.

$0

$0

Replace state funds with federal funds to fund two positions.

($59,077)

($59,077)

Provide funds for Xpress operations in the Transit Implementation program due to the loss of federal Congestion Mitigation and Air Quality (CMAQ) and local funds.

$5,692,616 $5,692,616

Amount appropriated in this Act

$8,665,790 $8,665,790

16.14. Payments to OneGeorgia Authority

Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

Total Funds

$10,186,000

Other Funds

$186,000

Other Funds - Not Specifically Identified

$186,000

State Funds

$10,000,000

State General Funds

$10,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0

$186,000

Provide funds for rural economic development.

$10,000,000 $10,000,000

Amount appropriated in this Act

$10,000,000 $10,186,000

Section 17: Community Health, Department of Total Funds Federal Funds and Grants
Medical Assistance Program State Children's Insurance Program

$11,800,351,015
$5,635,220,429 $5,359,880,792
$266,205,440

FRIDAY, FEBRUARY 3, 2012

393

Federal Funds Not Specifically Identified Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Other Prior Year funds State General Funds State Funds Hospital Provider Payment
Nursing Home Provider Fees State General Funds Tobacco Settlement Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies

$9,134,197 $317,157,633 $78,482,824 $139,386,524
$10,306,214 $14,911,072 $74,070,999 $2,620,992,424 $225,568,262 $143,556,543 $2,149,674,362 $102,193,257 $3,211,773,251 $2,930,915,989 $280,857,262

17.1. Departmental Administration and Program Support

Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs.

Total Funds

$354,986,532

Federal Funds and Grants

$248,905,535

Medical Assistance Program

$225,216,090

State Children's Insurance Program

$23,036,955

Federal Funds Not Specifically Identified

$652,490

Other Funds

$2,854,039

Agency Funds

$1,611,520

Other Funds - Not Specifically Identified

$1,242,519

State Funds

$66,917,489

State General Funds

$66,917,489

Intra-State Government Transfers

$21,102,191

Health Insurance Payments

$21,102,191

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$63,956,153 $328,073,262

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$494,649

$494,649

Reflect an adjustment in telecommunications expenses.

$29,888

$29,888

394

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Reduce funds for operating expenses.
Reduce funds for contractual services.
Transfer funds from the Low Income Medicaid program to the Administration program for the health information technology project and recognize federal matching funds.
Transfer funds from the Low Income Medicaid program to the Administration program for the Medicaid Incentive Program (MIP) and recognize federal matching funds.
Transfer funds from the Low Income Medicaid program for the federally mandated implementation of expanded diagnosis and procedure codes for Medicaid billing and recognize federal matching funds.
Transfer funds from the Low Income Medicaid program to the Administration program for the managed care review contract and recognize federal funds.
Amount appropriated in this Act

($164,050) ($1,355,230)
$637,850

($328,100) ($2,710,460)
$6,245,000

$925,554 $9,255,543

$1,142,675 $11,426,750

$1,250,000 $2,500,000 $66,917,489 $354,986,532

17.2. Health Care Access and Improvement

Purpose: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health and the Office of Health Information Technology and Transparency.

Total Funds

$6,837,433

Federal Funds and Grants

$588,838

Medical Assistance Program

$416,250

Federal Funds Not Specifically Identified

$172,588

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$6,148,595

State General Funds

$6,148,595

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$6,104,116 $6,792,954

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$44,479

$44,479

Amount appropriated in this Act

$6,148,595 $6,837,433

17.3. Healthcare Facility Regulation Purpose: The purpose of this appropriation is to inspect and license long term care and

FRIDAY, FEBRUARY 3, 2012

395

health care facilities.

Total Funds

$14,448,073

Federal Funds and Grants

$8,461,900

Medical Assistance Program

$2,939,995

Federal Funds Not Specifically Identified

$5,521,905

State Funds

$5,986,173

State General Funds

$5,986,173

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,903,750 $14,365,650

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$82,423

$82,423

Amount appropriated in this Act

$5,986,173 $14,448,073

17.4. Indigent Care Trust Fund

Purpose: The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

Total Funds

$429,085,656

Federal Funds and Grants

$257,075,969

Medical Assistance Program

$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

State Funds

$21,559,468

State General Funds

$21,559,468

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $407,526,188

Transfer funds from the Aged, Blind, and Disabled Medicaid ($19,416,386) and Low Income Medicaid ($2,143,082) programs to the Indigent Care Trust Fund program for the state match for private deemed and nondeemed hospitals eligible for the Disproportionate Share Hospital (DSH) program.

$21,559,468 $21,559,468

Amount appropriated in this Act

$21,559,468 $429,085,656

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17.5. Medicaid: Aged, Blind and Disabled

Purpose: The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also hereby appropriated to the Department of Community Health a specific sum of money equal to all the provider fees paid to the Indigent Care Trust Fund created pursuant to Article 6A of chapter 8 of Title 31. The sum of money is appropriated for payments for nursing homes pursuant to Article 6A.

Total Funds

$4,435,430,534

Federal Funds and Grants

$2,714,720,059

Medical Assistance Program

$2,711,932,845

Federal Funds Not Specifically Identified

$2,787,214

Other Funds

$118,619,883

Agency Funds

$62,342,988

Prior Year Funds - Other

$12,272,812

Prior Year funds State General Funds

$44,004,083

State Funds

$1,334,801,960

Hospital Provider Payment

$25,488,041

Nursing Home Provider Fees

$143,556,543

State General Funds

$1,165,757,376

Intra-State Government Transfers

$267,288,632

Medicaid Services Payments - Other Agencies

$267,288,632

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,338,992,813 $4,301,550,820

Recognize FY 2011 reserves ($49,776,895) and use to fund benefits expense.

$0 $146,187,650

Transfer funds to the Indigent Care Trust Fund program for the state match for private deemed and non-deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program and reduce associated federal funds.

($19,416,386)

($57,023,160)

Increase funds to reflect projected Nursing Home Provider Fees.

$1,551,465 $4,556,432

Increase the Nursing Home Provider Fee and use to update the nursing home reimbursement to reflect 2009 cost reports.

$10,683,139 $31,374,859

Provide funds to maintain provider reimbursement and remove the 0.5% provider rate cut.

$1,539,444 $4,521,128

Provide funds to adjust member copayments down to the nearest whole or half dollar.

$1,451,485 $4,262,805

Amount appropriated in this Act

$1,334,801,960 $4,435,430,534

FRIDAY, FEBRUARY 3, 2012

397

17.6. Medicaid: Low-Income Medicaid

Purpose: The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

Total Funds

$3,285,018,889

Federal Funds and Grants

$2,162,299,643

Medical Assistance Program

$2,162,299,643

Other Funds

$44,707,215

Agency Funds

$12,328,316

Prior Year Funds - Other

$2,614,774

Prior Year funds State General Funds

$29,764,125

State Funds

$1,064,595,184

Hospital Provider Payment

$198,452,972

State General Funds

$763,948,955

Tobacco Settlement Funds

$102,193,257

Intra-State Government Transfers

$13,416,847

Medicaid Services Payments - Other Agencies

$13,416,847

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$939,577,761 $2,778,341,500

Restore funds reduced from Low Income Medicaid in the FY 2012 budget.

$77,555,551 $227,769,606

Increase funds to maintain 12 months of Care Management $75,612,649 $222,063,580 Organizations (CMO) payments.

Recognize FY 2011 reserves and use to fund projected benefits expense and reduce state general fund need.

($4,706,548) $81,269,753

Transfer state funds from the Low Income Medicaid program to the Administration program for specified projects and reduce associated federal match.

($3,956,079) ($11,618,441)

Transfer funds from the Low Income Medicaid program to ($7,197,930) ($21,139,295) the PeachCare program to align with projected expenditures and adjust associated federal funds.

Transfer funds from the Low Income Medicaid program to the Indigent Care Trust Fund program for the state match for private hospitals eligible for the Disproportionate Share Hospital (DSH) program and reduce associated federal funds.

($2,143,082) ($6,293,927)

Increase funds to reflect the revised projection of Hospital Provider Payment revenue.

$1,430,214 $4,200,335

398

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Provide funds to maintain provider rates and remove the 0.5% provider rate cut.
Provide funds to adjust member copayments to the nearest whole or half dollar. Reduce funds based on projected benefit need.
Amount appropriated in this Act

$3,189,513 $9,367,144

$360,465 $1,058,634

($15,127,330)

$0

$1,064,595,184 $3,285,018,889

17.7. PeachCare

Purpose: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

Total Funds

$319,715,257

Federal Funds and Grants

$243,168,485

State Children's Insurance Program

$243,168,485

Other Funds

$326,277

Prior Year Funds - Other

$23,486

Prior Year funds State General Funds

$302,791

State Funds

$76,068,712

Hospital Provider Payment

$1,627,249

State General Funds

$74,441,463

Intra-State Government Transfers

$151,783

Medicaid Services Payments - Other Agencies

$151,783

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$55,439,478 $231,777,738

Provide funds for projected enrollment increase from removing the PeachCare eligibility exemption for qualifying children of state employees.

$3,962,018 $16,626,177

Increase funds to maintain 12 months of Care Management Organization (CMO) payments.

$6,576,280 $27,596,642

Transfer funds from the Low Income Medicaid program to the PeachCare program to align with projected expenditures and adjust associated federal funds.

$7,197,930 $30,205,329

Provide funds for a provider rate increase to ensure provider access for children of state employees newly eligible and enrolled in PeachCare.

$2,313,834 $9,709,752

Provide funds to maintain provider rates and remove the 0.5% provider rate cut.

$349,622 $1,467,151

Provide funds to adjust member copayments to the nearest whole or half dollar.

$229,550

$963,282

FRIDAY, FEBRUARY 3, 2012

399

Recognize FY 2011 reserves and use to fund expenses. Amount appropriated in this Act

$0 $1,369,186 $76,068,712 $319,715,257

17.8. State Health Benefit Plan

Purpose: The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates.

Total Funds

$2,909,813,798

Intra-State Government Transfers

$2,909,813,798

Health Insurance Payments

$2,909,813,798

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $3,084,954,412

Increase per member per month billings for non-certificated school service personnel from $246.20 to $296.20, effective September 2011.

$0 $32,130,984

Increase employer funding to the State Health Benefit Plan.

$0 $81,234,441

Reflect depletion of prior year funds.

$0 ($50,580,920)

Reflect reduction in projected reimbursement available through the Early Retiree Reinsurance Program from $67,000,000 to $25,000,000.

$0 ($42,000,000)

Reflect updated revenue and expense projections.

$0 ($122,019,942)

Eliminate the bariatric surgery benefit.

$0 ($1,750,000)

Reflect reduced expenses from offering Tricare supplement plan to SHBP members who are former military personnel.

$0 ($1,800,000)

Reflect reduced expenses from the transition of eligible members to PeachCare.

$0 ($16,000,000)

Reflect savings from implementing a mandatory specialty drugs benefit.

$0 ($3,620,000)

Reflect savings from implementing a voluntary mail order program for maintenance drugs.

$0 ($1,500,000)

Reflect savings from decreasing reimbursement rate for out-of-network providers.

$0 ($33,100,000)

Reflect savings from implementing tiers for prescriptions in the HRA plan.

$0 ($31,300,000)

Reflect savings from eliminating the vision benefit in the HMO plan.

$0 ($2,300,000)

Reflect savings from plan design changes in the Medicare Advantage plans.

$0 ($2,989,289)

400

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Increase employee premiums 6.2% due to increased costs as a result of the requirements of the Patient Protection and Affordable Care Act (PPACA).
Reflect increase in expenses for initial year of EnGAgement wellness plan.
Implement a tobacco cessation program.
Amount appropriated in this Act

$0 $17,900,000
$0 $1,354,112 $0 $1,200,000 $0 $2,909,813,798

The following appropriations are for agencies attached for administrative purposes.

17.9. Georgia Board for Physician Workforce: Board Administration

Purpose: The purpose of this appropriation is to provide administrative support to all agency programs.

Total Funds

$623,929

State Funds

$623,929

State General Funds

$623,929

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$654,416

$654,416

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$9,244

$9,244

Reflect an adjustment in telecommunications expenses.

$269

$269

Transfer funds within the Georgia Board for Physician Workforce from the Board Administration program to Physicians for Rural Areas program.

($40,000)

($40,000)

Amount appropriated in this Act

$623,929

$623,929

17.10. Georgia Board for Physician Workforce: Graduate Medical Education

Purpose: The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs.

Total Funds

$7,878,358

State Funds

$7,878,358

State General Funds

$7,878,358

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,878,358 $7,878,358

FRIDAY, FEBRUARY 3, 2012

401

Maximize federal participation for graduate medical education programs. (G:YES)
Amount appropriated in this Act

$0 $7,878,358

$0 $7,878,358

17.11. Georgia Board for Physician Workforce: Mercer School of Medicine Grant

Purpose: The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia.

Total Funds

$20,169,911

State Funds

$20,169,911

State General Funds

$20,169,911

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$20,169,911 $20,169,911

Reduce Mercer School of Medicine operating grant.

$0

$0

Amount appropriated in this Act

$20,169,911 $20,169,911

17.12. Georgia Board for Physician Workforce: Morehouse School of Medicine Grant

Purpose: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia.

Total Funds

$10,671,474

State Funds

$10,671,474

State General Funds

$10,671,474

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$10,671,474 $10,671,474

Reduce Morehouse School of Medicine operating grant.

$0

$0

Amount appropriated in this Act

$10,671,474 $10,671,474

17.13. Georgia Board for Physician Workforce: Physicians for Rural Areas

Purpose: The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to provide a program of aid to promising medical students.

Total Funds

$870,000

State Funds

$870,000

State General Funds

$870,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

402

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB78)
Transfer funds within the Georgia Board for Physician Workforce from the Board Administration program to Physicians for Rural Areas program.
Fund two additional loan repayments to the Physicians for Rural Areas Assistance program.
Amount appropriated in this Act

State Funds $790,000 $40,000

Total Funds $790,000 $40,000

$40,000 $870,000

$40,000 $870,000

17.14. Georgia Board for Physician Workforce: Undergraduate Medical Education

Purpose: The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with medical schools in Georgia.

Total Funds

$2,731,636

State Funds

$2,731,636

State General Funds

$2,731,636

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,731,636 $2,731,636

Reduce funds for medical education at private institutions.

$0

$0

Amount appropriated in this Act

$2,731,636 $2,731,636

17.15. Georgia Composite Medical Board

Purpose: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. 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

$2,069,535

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$1,969,535

State General Funds

$1,969,535

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,967,046 $2,067,046

FRIDAY, FEBRUARY 3, 2012

403

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Reduce funds for personal services ($23,768) and rent ($5,000).
Amount appropriated in this Act

$29,695

$29,695

$1,562 ($28,768)
$1,969,535

$1,562 ($28,768)
$2,069,535

Section 18: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$1,114,025,184 $3,598,119 $3,598,119
$18,469,922 $18,469,922 $1,082,717,850 $1,082,717,850 $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

$6,082,878

Other Funds

$7,046

Other Funds - Not Specifically Identified

$7,046

State Funds

$6,075,832

State General Funds

$6,075,832

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$6,005,846 $6,012,892

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$61,473

$61,473

Reflect an adjustment in telecommunications expenses.

$8,513

$8,513

Amount appropriated in this Act

$6,075,832 $6,082,878

404

JOURNAL OF THE HOUSE

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

$15,165,082

State Funds

$15,165,082

State General Funds

$15,165,082

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$9,596,724 $9,596,724

Increase funding for jail subsidy payments to local jails for housing state inmates.

$5,568,358 $5,568,358

Amount appropriated in this Act

$15,165,082 $15,165,082

18.3. Departmental Administration

Purpose: The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system.

Total Funds

$52,400,133

Federal Funds and Grants

$70,555

Federal Funds Not Specifically Identified

$70,555

Other Funds

$598,273

Other Funds - Not Specifically Identified

$598,273

State Funds

$51,731,305

State General Funds

$51,731,305

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$50,685,350 $51,354,178

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$597,900

$597,900

Reflect an adjustment in telecommunications expenses.

$353,027

$353,027

Transfer funds for the Georgia Enterprise Technology Services (GETS) contract to Offender Management, Probation Supervision, and State Prisons to better align budget with expenditures.

($5,450,000) ($5,450,000)

Fund Bostick facility renovation to provide 150 beds for medically fragile offenders.

$6,000,000 $6,000,000

FRIDAY, FEBRUARY 3, 2012

405

Reduce personal services in the Operations, Planning and Training division.
Amount appropriated in this Act

($454,972) ($454,972) $51,731,305 $52,400,133

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

$28,640,497

Federal Funds and Grants

$252,380

Federal Funds Not Specifically Identified

$252,380

Other Funds

$450,000

Other Funds - Not Specifically Identified

$450,000

State Funds

$27,921,626

State General Funds

$27,921,626

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 (HB78)

$27,449,792 $28,168,663

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$422,887

$422,887

Reflect an adjustment in telecommunications expenses.

$48,947

$48,947

Amount appropriated in this Act

$27,921,626 $28,640,497

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

$28,767,205

Federal Funds and Grants

$1,069,721

Federal Funds Not Specifically Identified

$1,069,721

Other Funds

$200,000

Other Funds - Not Specifically Identified

$200,000

State Funds

$27,497,484

State General Funds

$27,497,484

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

406

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders.
Amount appropriated in this Act

State Funds $27,375,116
$20,944

Total Funds $28,644,837
$20,944

$4,606 $96,818

$4,606 $96,818

$27,497,484 $28,767,205

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

$208,460,836

Other Funds

$5,390,000

Other Funds - Not Specifically Identified

$5,390,000

State Funds

$203,070,836

State General Funds

$203,070,836

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$202,554,271 $207,944,271

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$177,932

$177,932

Reflect an adjustment in telecommunications expenses.

$4,088

$4,088

Convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders.

$334,545

$334,545

Amount appropriated in this Act

$203,070,836 $208,460,836

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

$42,296,539

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

FRIDAY, FEBRUARY 3, 2012

407

State Funds

$42,266,539

State General Funds

$42,266,539

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Transfer funds for the GETS contract from Departmental Administration to better align budget with expenditures.
Amount appropriated in this Act

State Funds $42,040,243
$59,315

Total Funds $42,070,243
$59,315

$16,981 $150,000

$16,981 $150,000

$42,266,539 $42,296,539

18.8. Parole Revocation Centers

Purpose: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for parole violators in a secure and supervised setting.

Total Funds

$5,119,758

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

$4,707,258

State General Funds

$4,707,258

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,620,927 $5,033,427

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$78,958

$78,958

Reflect an adjustment in telecommunications expenses.

$7,373

$7,373

Amount appropriated in this Act

$4,707,258 $5,119,758

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

$99,634,010

408

JOURNAL OF THE HOUSE

State Funds State General Funds

$99,634,010 $99,634,010

18.10. Probation Supervision

Purpose: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence.

Total Funds

$94,009,560

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$93,909,560

State General Funds

$93,909,560

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$89,353,763 $89,453,763

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$1,424,798 $1,424,798

Reflect an adjustment in telecommunications expenses.

$330,999

$330,999

Transfer funds for the GETS contract from Departmental Administration to better align budget with expenditures.

$2,800,000 $2,800,000

Amount appropriated in this Act

$93,909,560 $94,009,560

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; and to provide fire services and work details to the Department, state agencies, and local communities

Total Funds

$508,728,642

Federal Funds and Grants

$2,197,963

Federal Funds Not Specifically Identified

$2,197,963

Other Funds

$11,289,603

Other Funds - Not Specifically Identified

$11,289,603

State Funds

$486,018,274

State General Funds

$486,018,274

Intra-State Government Transfers

$9,222,802

Other Intra-State Government Payments

$9,222,802

FRIDAY, FEBRUARY 3, 2012

409

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$467,149,934 $489,860,302

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$7,415,896 $7,415,896

Reflect an adjustment in telecommunications expenses.

$616,024

$616,024

Transfer funds and 104 positions from Transition Centers to align budget with expenditures.

$4,135,776

$4,135,776

Convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders.

$4,200,644 $4,200,644

Transfer funds for the GETS contract from Departmental Administration to better align budget with expenditures.

$2,500,000 $2,500,000

Amount appropriated in this Act

$486,018,274 $508,728,642

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

$24,720,044

State Funds

$24,720,044

State General Funds

$24,720,044

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$28,390,954 $28,390,954

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$419,136

$419,136

Reflect an adjustment in telecommunications expenses.

$45,730

$45,730

Transfer funds and 104 positions to State Prisons to align budget with expenditures.

($4,135,776) ($4,135,776)

Amount appropriated in this Act

$24,720,044 $24,720,044

Section 19: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified

$66,787,226 $51,383,750 $51,383,750

410

JOURNAL OF THE HOUSE

Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$6,448,566 $1,443,213 $5,005,353 $8,923,542 $8,923,542

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

$1,726,699

Federal Funds and Grants

$594,059

Federal Funds Not Specifically Identified

$594,059

State Funds

$1,132,640

State General Funds

$1,132,640

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,152,780 $1,746,839

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$18,178

$18,178

Reflect an adjustment in telecommunications expenses.

$46,549

$46,549

Reduce funds for personal services by increasing utilization of federal funds and holding three positions vacant.

($84,867)

($84,867)

Amount appropriated in this Act

$1,132,640 $1,726,699

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

$52,589,079

Federal Funds and Grants

$41,523,275

Federal Funds Not Specifically Identified

$41,523,275

Other Funds

$6,448,566

Agency Funds

$1,443,213

Other Funds - Not Specifically Identified

$5,005,353

State Funds

$4,585,870

State General Funds

$4,585,870

FRIDAY, FEBRUARY 3, 2012

411

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Amount appropriated in this Act

State Funds $4,542,956
$42,914

Total Funds $52,546,165
$42,914

$4,585,870 $52,589,079

19.3. Youth Educational Services

Purpose: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs.

Total Funds

$12,471,448

Federal Funds and Grants

$9,266,416

Federal Funds Not Specifically Identified

$9,266,416

State Funds

$3,205,032

State General Funds

$3,205,032

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,166,690 $12,433,106

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$38,342

$38,342

Amount appropriated in this Act

$3,205,032 $12,471,448

Section 20: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds

$61,704,164 $2,844,121 $2,844,121 $58,860,043 $58,860,043

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

$9,563,852

Other Funds

$500,857

Agency Funds

$500,857

412

JOURNAL OF THE HOUSE

State Funds

$9,062,995

State General Funds

$9,062,995

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$8,941,118 $9,441,975

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$76,068

$76,068

Reflect an adjustment in telecommunications expenses.

$224,631

$224,631

Reduce funds for personal services.

($178,822) ($178,822)

Amount appropriated in this Act

$9,062,995 $9,563,852

20.2. License Issuance

Purpose: The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud.

Total Funds

$50,773,624

Other Funds

$1,827,835

Agency Funds

$1,827,835

State Funds

$48,945,789

State General Funds

$48,945,789

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$47,277,449 $49,105,284

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$481,829

$481,829

Reflect an adjustment in telecommunications expenses.

$1,186,511 $1,186,511

Amount appropriated in this Act

$48,945,789 $50,773,624

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

$1,366,688

FRIDAY, FEBRUARY 3, 2012

413

Other Funds

$515,429

Agency Funds

$515,429

State Funds

$851,259

State General Funds

$851,259

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$834,966 $1,350,395

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$12,016

$12,016

Reflect an adjustment in telecommunications expenses.

$20,977

$20,977

Reduce contractual services for the Online Certification Reporting Application (OCRA).

($16,700)

($16,700)

Amount appropriated in this Act

$851,259 $1,366,688

Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants
Child Care and Development Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds

$456,847,923 $152,307,705
$30,839,882 $121,467,823
$139,250 $10,000 $129,250 $301,894,033 $300,691,000 $1,203,033

21.1. Child Care Services

Purpose: The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities.

Total Funds

$8,057,915

Federal Funds and Grants

$6,839,882

Child Care and Development Block Grant

$6,839,882

Other Funds

$15,000

Agency Funds

$10,000

Other Funds - Not Specifically Identified

$5,000

State Funds

$1,203,033

414

JOURNAL OF THE HOUSE

State General Funds

$1,203,033

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reduce operating expenses. Amount appropriated in this Act

State Funds $1,187,817
$22,716

Total Funds $8,042,699
$22,716

($7,500) $1,203,033

($7,500) $8,057,915

21.2. Nutrition

Purpose: The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer.

Total Funds

$121,100,000

Federal Funds and Grants

$121,100,000

Federal Funds Not Specifically Identified

$121,100,000

21.3. Pre-Kindergarten Program

Purpose: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

Total Funds

$301,058,823

Federal Funds and Grants

$367,823

Federal Funds Not Specifically Identified

$367,823

State Funds

$300,691,000

Lottery Funds

$300,691,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$300,632,586 $301,000,409

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$57,828

$57,828

Reflect an adjustment in telecommunications expenses.

$586

$586

Amount appropriated in this Act

$300,691,000 $301,058,823

FRIDAY, FEBRUARY 3, 2012

415

21.4. Quality Initiatives

Purpose: The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families.

Total Funds

$26,631,185

Federal Funds and Grants

$24,000,000

Child Care and Development Block Grant

$24,000,000

Other Funds

$124,250

Other Funds - Not Specifically Identified

$124,250

Section 22: Economic Development, 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

$40,086,111 $909,400 $909,400 $195,370 $175,000 $20,370
$38,981,341 $31,312,395 $7,668,946

22.1. Business Recruitment and Expansion

Purpose: The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and domestic marketing, and participation in Georgia Allies.

Total Funds

$7,484,461

State Funds

$7,484,461

State General Funds

$7,484,461

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,708,241 $7,708,241

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$72,528

$72,528

Reflect an adjustment in telecommunications expenses.

$666

$666

Reduce funds for personal services and eliminate one vacant position.

($100,000) ($100,000)

Reduce marketing funds.

($196,974) ($196,974)

416

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$7,484,461 $7,484,461

22.2. Departmental Administration

Purpose: The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state.

Total Funds

$3,934,514

Other Funds

$126

Other Funds - Not Specifically Identified

$126

State Funds

$3,934,388

State General Funds

$3,934,388

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,996,523 $3,996,649

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$48,479

$48,479

Reflect an adjustment in telecommunications expenses.

$251

$251

Reduce marketing funds.

($14,723)

($14,723)

Reduce funds for personal services.

($80,545)

($80,545)

Provide funds for telecommunications expenses.

$0

$0

Reduce funds for equipment.

($15,597)

($15,597)

Amount appropriated in this Act

$3,934,388 $3,934,514

22.3. Film, Video, and Music

Purpose: The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

Total Funds

$970,665

State Funds

$970,665

State General Funds

$970,665

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,010,892 $1,010,892

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$9,753

$9,753

FRIDAY, FEBRUARY 3, 2012

417

Reflect an adjustment in telecommunications expenses. Reduce marketing funds. Amount appropriated in this Act

$20 ($50,000) $970,665

$20 ($50,000) $970,665

22.4. 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

$1,239,600

Federal Funds and Grants

$659,400

Federal Funds Not Specifically Identified

$659,400

State Funds

$580,200

State General Funds

$580,200

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$574,268 $1,233,668

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$5,932

$5,932

Amount appropriated in this Act

$580,200 $1,239,600

22.5. Innovation and Technology

Purpose: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators and other companies; provide contract funds for Georgia Research Alliance (GRA) for economic development activities including, but not limited to, supporting Georgia-based companies and university research; and provide contract funds for Georgia Cancer Coalition for ongoing research and prevention.

Total Funds

$13,804,222

Federal Funds and Grants

$250,000

Federal Funds Not Specifically Identified

$250,000

State Funds

$13,554,222

State General Funds

$5,885,276

Tobacco Settlement Funds

$7,668,946

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$13,634,805 $13,884,805

418

JOURNAL OF THE HOUSE

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses. Reduce contract funds for Georgia Research Alliance.
Amount appropriated in this Act

$9,412

$9,412

$52 ($90,047) $13,554,222

$52 ($90,047) $13,804,222

22.6. International Relations and Trade

Purpose: The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses.

Total Funds

$2,118,068

State Funds

$2,118,068

State General Funds

$2,118,068

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,101,547 $2,101,547

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$16,401

$16,401

Reflect an adjustment in telecommunications expenses.

$120

$120

Amount appropriated in this Act

$2,118,068 $2,118,068

22.7. Small and Minority Business Development

Purpose: The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

Total Funds

$924,611

Other Funds

$20,244

Other Funds - Not Specifically Identified

$20,244

State Funds

$904,367

State General Funds

$904,367

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$896,415

$916,659

FRIDAY, FEBRUARY 3, 2012

419

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses. Reduce funds for equipment.
Amount appropriated in this Act

$12,980

$12,980

$72 ($5,100) $904,367

$72 ($5,100) $924,611

22.8. Tourism

Purpose: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund cultural and tourism development as well as the Georgia Historical Society and the Georgia Humanities Council contracts, and work with communities to develop and market tourism products in order to attract more tourism to the state.

Total Funds

$9,434,970

State Funds

$9,434,970

State General Funds

$9,434,970

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$9,590,993 $9,590,993

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$66,039

$66,039

Reflect an adjustment in telecommunications expenses.

$792

$792

Reduce funds for personal services and eliminate two filled positions.

($147,854)

($147,854)

Reduce marketing funds.

($75,000)

($75,000)

Amount appropriated in this Act

$9,434,970 $9,434,970

The following appropriations are for agencies attached for administrative purposes.

22.9. Payments to Georgia Medical Center Authority

Purpose: The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority.

Total Funds

$175,000

Other Funds

$175,000

Agency Funds

$175,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$175,000

$175,000

420

JOURNAL OF THE HOUSE

Replace state funds with other funds for operating expenses.
Amount appropriated in this Act

($175,000) $0

$0 $175,000

Section 23: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$8,810,514,248 $1,679,798,355 $1,679,798,355
$4,620,465 $4,620,465 $7,074,493,258 $7,074,493,258

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. Agricultural Education

Purpose: The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students.

Total Funds

$7,774,827

Federal Funds and Grants

$124,318

Federal Funds Not Specifically Identified

$124,318

State Funds

$7,650,509

State General Funds

$7,650,509

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,727,787 $7,852,105

Reduce funds for operating expenses for Extended Day/Year ($44,522), Area Teacher ($21,794), Young Farmers ($39,076), and Youth Camps ($49,164).

($77,278)

($77,278)

Amount appropriated in this Act

$7,650,509 $7,774,827

23.2. Central Office

Purpose: The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems.

Total Funds

$92,616,129

FRIDAY, FEBRUARY 3, 2012

421

Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$60,985,311 $60,985,311
$2,179,129 $2,179,129 $29,451,689 $29,451,689

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$29,052,221 $92,216,661

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$408,548

$408,548

Reflect an adjustment in telecommunications expenses.

$24,096

$24,096

Reduce funds for operating expenses.

($33,176)

($33,176)

Amount appropriated in this Act

$29,451,689 $92,616,129

23.3. Charter Schools

Purpose: The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities.

Total Funds

$7,550,021

Federal Funds and Grants

$5,556,475

Federal Funds Not Specifically Identified

$5,556,475

State Funds

$1,993,546

State General Funds

$1,993,546

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,148,300 $7,704,775

Reduce funds for planning grants.

($34,973)

($34,973)

Reduce funds for facility grants.

($119,781) ($119,781)

Amount appropriated in this Act

$1,993,546 $7,550,021

23.4. Communities in Schools

Purpose: The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond.

Total Funds

$914,438

422

JOURNAL OF THE HOUSE

State Funds

$914,438

State General Funds

$914,438

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$933,100

$933,100

Reduce funds for grants to local affiliates.

($18,662)

($18,662)

Amount appropriated in this Act

$914,438

$914,438

23.5. Curriculum Development

Purpose: The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum.

Total Funds

$982,744

State Funds

$982,744

State General Funds

$982,744

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,002,800 $1,002,800

Reduce funds for operating expenses.

($20,056)

($20,056)

Amount appropriated in this Act

$982,744

$982,744

23.6. Federal Programs

Purpose: The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems.

Total Funds

$1,025,153,992

Federal Funds and Grants

$973,551,822

Federal Funds Not Specifically Identified

$973,551,822

23.7. Georgia Learning Resources System (GLRS)

Purpose: The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities.

Total Funds

$12,565,793

Federal Funds and Grants

$12,565,793

Federal Funds Not Specifically Identified

$12,565,793

FRIDAY, FEBRUARY 3, 2012

423

23.8. Georgia Virtual School

Purpose: The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving onsite interaction with a teacher.

Total Funds

$5,719,587

Other Funds

$1,018,214

Other Funds - Not Specifically Identified

$1,018,214

State Funds

$4,701,373

State General Funds

$4,701,373

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,792,820 $5,811,034

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$4,409

$4,409

Reduce funds for operating expenses.

($95,856)

($95,856)

Amount appropriated in this Act

$4,701,373 $5,719,587

23.9. Georgia Youth Science and Technology

Purpose: The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state.

Total Funds

$141,120

State Funds

$141,120

State General Funds

$141,120

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$144,000

$144,000

Reduce funds for contractual services.

($2,880)

($2,880)

Amount appropriated in this Act

$141,120

$141,120

23.10. Governor's Honors Program

Purpose: The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year.

Total Funds

$946,737

State Funds

$946,737

424

JOURNAL OF THE HOUSE

State General Funds

$946,737

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$962,908

$962,908

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$3,087

$3,087

Reduce funds for operating expenses.

($19,258)

($19,258)

Amount appropriated in this Act

$946,737

$946,737

23.11. Information Technology Services

Purpose: The purpose of this appropriation is to provide internet access for local school systems.

Total Funds

$3,255,367

State Funds

$3,255,367

State General Funds

$3,255,367

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,321,803 $3,321,803

Reduce funds for internet access due to reduced subscription and usage.

($66,436)

($66,436)

Amount appropriated in this Act

$3,255,367 $3,255,367

23.12. Non Quality Basic Education Formula Grants

Purpose: The purpose of this appropriation is to fund specific initiatives including: children in residential education facilities and sparsity grants.

Total Funds

$6,462,668

State Funds

$6,462,668

State General Funds

$6,462,668

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$16,867,421 $16,867,421

Reduce funds for Residential Treatment Centers ($76,628), Sparsity Grants ($53,700), and Georgia Special Needs Scholarships ($207,020).

($260,720) ($260,720)

Reflect changes in the program purpose statement. (G:YES)

$0

$0

FRIDAY, FEBRUARY 3, 2012

425

Transfer funds for Georgia Special Needs Scholarships to the Quality Basic Education Program.
Amount appropriated in this Act

($10,144,033) ($10,144,033) $6,462,668 $6,462,668

23.13. Nutrition

Purpose: The purpose of this appropriation is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that support nutritional well-being and performance at school and comply with federal standards.

Total Funds

$597,231,435

Federal Funds and Grants

$574,888,212

Federal Funds Not Specifically Identified

$574,888,212

State Funds

$22,343,223

State General Funds

$22,343,223

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$23,119,188 $47,756,489

Reduce funds for the school lunch program.

($775,965) ($775,965)

Reflect federal fund receipts.

$0 $550,250,911

Amount appropriated in this Act

$22,343,223 $597,231,435

23.14. Preschool Handicapped

Purpose: The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed.

Total Funds

$27,891,099

State Funds

$27,891,099

State General Funds

$27,891,099

23.15. Pupil Transportation

Purpose: The purpose of this appropriation is to assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities.

Total Funds

$127,704,479

State Funds

$127,704,479

State General Funds

$127,704,479

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$130,310,693 $130,310,693

426

JOURNAL OF THE HOUSE

Reduce funds for pupil transportation. Amount appropriated in this Act

($2,606,214) ($2,606,214) $127,704,479 $127,704,479

23.16. Quality Basic Education Equalization

Purpose: The purpose of this appropriation is to provide additional financial assistance to local school systems ranking in the lowest 75% of per pupil tax wealth as outlined in O.C.G.A. 20-2-165.

Total Funds

$443,158,587

State Funds

$443,158,587

State General Funds

$443,158,587

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$436,158,587 $436,158,587

Provide one-time funding for school systems with decreased Equalization earnings in FY13 due to new formula calculations per HB 824, 2012 Session.

$7,000,000 $7,000,000

Amount appropriated in this Act

$443,158,587 $443,158,587

23.17. Quality Basic Education Local Five Mill Share

Purpose: The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164.

Total Funds

($1,697,504,730)

State Funds

($1,697,504,730)

State General Funds

($1,697,504,730)

23.18. Quality Basic Education Program

Purpose: The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-12 as outlined in O.C.G.A. 20-2-161.

Total Funds

$7,929,645,702

State Funds

$7,929,645,702

State General Funds

$7,929,645,702

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,816,655,183 $7,816,655,183

Provide funds for a midterm adjustment for enrollment growth.

$85,913,816 $85,913,816

Provide a grant to the State Special Charter Schools.

$7,618,717 $7,618,717

FRIDAY, FEBRUARY 3, 2012

427

Transfer funds for Georgia Special Needs Scholarships to the Quality Basic Education Program.
Provide funds for certified math and science teachers per HB 280 (2010 Session) not currently funded due to error. Provide funds for Charter System Grants.
Amount appropriated in this Act

$10,144,033 $10,144,033
$6,453,320 $6,453,320
$2,860,633 $2,860,633 $7,929,645,702 $7,929,645,702

23.19. Regional Education Service Agencies (RESAs)

Purpose: The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services.

Total Funds

$8,510,812

State Funds

$8,510,812

State General Funds

$8,510,812

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$8,571,299 $8,571,299

Reduce funds for Educational Technology Centers ($60,487) and RESAs' core services ($110,939).

($60,487)

($60,487)

Amount appropriated in this Act

$8,510,812 $8,510,812

23.20. School Improvement

Purpose: The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement.

Total Funds

$5,008,661

State Funds

$5,008,661

State General Funds

$5,008,661

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,161,681 $5,161,681

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$72,714

$72,714

Reduce funds for personal services to realize a half-year savings for three vacant positions ($125,000) and reduce funds for operating expenses ($100,734).

($225,734) ($225,734)

428

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$5,008,661 $5,008,661

23.21. School Nurses

Purpose: The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school.

Total Funds

$25,871,530

State Funds

$25,871,530

State General Funds

$25,871,530

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$26,399,520 $26,399,520

Reduce funds for operating expenses.

($527,990) ($527,990)

Amount appropriated in this Act

$25,871,530 $25,871,530

23.22. Severely Emotional Disturbed (SED)

Purpose: The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

Total Funds

$67,248,655

Federal Funds and Grants

$2,972,895

Federal Funds Not Specifically Identified

$2,972,895

State Funds

$64,275,760

State General Funds

$64,275,760

23.23. State Interagency Transfers

Purpose: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the postsecondary vocational education agency.

Total Funds

$24,956,767

Federal Funds and Grants

$16,458,804

Federal Funds Not Specifically Identified

$16,458,804

State Funds

$8,497,963

State General Funds

$8,497,963

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$8,497,963 $24,956,767

FRIDAY, FEBRUARY 3, 2012

429

Reflect changes in the program purpose statement. (G:YES) Amount appropriated in this Act

$0

$0

$8,497,963 $24,956,767

23.24. State Schools

Purpose: The purpose of this appropriation is to prepare sensory-impaired and multidisabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development.

Total Funds

$25,158,154

Other Funds

$1,423,122

Other Funds - Not Specifically Identified

$1,423,122

State Funds

$23,735,032

State General Funds

$23,735,032

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$23,379,119 $24,802,241

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$355,913

$355,913

Amount appropriated in this Act

$23,735,032 $25,158,154

23.25. Technology/Career Education

Purpose: The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year.

Total Funds

$30,013,892

Federal Funds and Grants

$16,012,923

Federal Funds Not Specifically Identified

$16,012,923

State Funds

$14,000,969

State General Funds

$14,000,969

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$14,201,164 $30,214,087

Reduce funds for the Extended Day/Year Program.

($200,195) ($200,195)

Amount appropriated in this Act

$14,000,969 $30,013,892

23.26. Testing
Purpose: The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools.

430

JOURNAL OF THE HOUSE

Total Funds

$29,983,836

Federal Funds and Grants

$16,681,802

Federal Funds Not Specifically Identified

$16,681,802

State Funds

$13,302,034

State General Funds

$13,302,034

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$13,573,504 $30,255,306

Reduce funds for student testing.

($271,470) ($271,470)

Amount appropriated in this Act

$13,302,034 $29,983,836

23.27. Tuition for Multi-handicapped

Purpose: The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student.

Total Funds

$1,551,946

State Funds

$1,551,946

State General Funds

$1,551,946

Section 24: Employees' Retirement System Total Funds Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments

$37,401,960 $3,346,840 $3,346,840 $17,165,784 $17,165,784 $16,889,336 $16,889,336

It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 11.63% for New Plan employees and 6.88% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 7.42% 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 $391.42 per member for State Fiscal Year 2012.

24.1. Deferred Compensation
Purpose: The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the state, giving them an effective

FRIDAY, FEBRUARY 3, 2012

431

supplement for their retirement planning. Total Funds Other Funds Agency Funds

$3,346,840 $3,346,840 $3,346,840

24.2. Georgia Military Pension Fund

Purpose: The purpose of this appropriation is 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

24.3. Public School Employees Retirement System

Purpose: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits.

Total Funds

$15,884,000

State Funds

$15,884,000

State General Funds

$15,884,000

24.4. System Administration

Purpose: The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries.

Total Funds

$16,889,336

Intra-State Government Transfers

$16,889,336

Retirement Payments

$16,889,336

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 Intra-State Government Transfers Other Intra-State Government Payments

$41,317,995 $5,754,274 $5,754,274 $6,798,795
$474,661 $6,324,134 $28,714,926 $28,714,926
$50,000 $50,000

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25.1. Commission Administration

Purpose: The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation.

Total Funds

$3,420,768

Federal Funds and Grants

$42,400

Federal Funds Not Specifically Identified

$42,400

Other Funds

$66,288

Agency Funds

$46,016

Other Funds - Not Specifically Identified

$20,272

State Funds

$3,312,080

State General Funds

$3,312,080

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,273,139 $3,381,827

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$40,424

$40,424

Reflect an adjustment in telecommunications expenses.

($1,483)

($1,483)

Amount appropriated in this Act

$3,312,080 $3,420,768

25.2. Forest Management

Purpose: The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage 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

$6,453,720

Federal Funds and Grants

$3,331,476

Federal Funds Not Specifically Identified

$3,331,476

Other Funds

$1,002,832

Agency Funds

$428,645

Other Funds - Not Specifically Identified

$574,187

State Funds

$2,069,412

State General Funds

$2,069,412

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433

Intra-State Government Transfers

$50,000

Other Intra-State Government Payments

$50,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,099,722 $6,484,030

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$33,477

$33,477

Reflect an adjustment in telecommunications expenses.

($348)

($348)

Eliminate one vacant position.

($63,439)

($63,439)

Amount appropriated in this Act

$2,069,412 $6,453,720

25.3. Forest Protection

Purpose: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection 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

$30,236,427

Federal Funds and Grants

$2,246,681

Federal Funds Not Specifically Identified

$2,246,681

Other Funds

$4,656,312

Other Funds - Not Specifically Identified

$4,656,312

State Funds

$23,333,434

State General Funds

$23,333,434

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$22,993,056 $29,896,049

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$343,657

$343,657

Reflect an adjustment in telecommunications expenses.

($3,279)

($3,279)

Amount appropriated in this Act

$23,333,434 $30,236,427

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25.4. Tree Seedling Nursery

Purpose: The purpose of this appropriation is to produce an adequate quantity of high quality forest tree seedlings for sale at reasonable cost to Georgia landowners.

Total Funds

$1,207,080

Federal Funds and Grants

$133,717

Federal Funds Not Specifically Identified

$133,717

Other Funds

$1,073,363

Other Funds - Not Specifically Identified

$1,073,363

Section 26: Governor, Office of the Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$172,509,404 $112,189,184
$3,814,350 $108,374,834
$4,723,134 $4,723,134 $55,597,086 $55,597,086

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 Protection 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

$24,561,096

State Funds

$24,561,096

State General Funds

$24,561,096

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$21,701,931 $21,701,931

Provide state matching funds to FEMA grant for March tornadoes.

$2,859,165 $2,859,165

Amount appropriated in this Act

$24,561,096 $24,561,096

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435

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

$6,014,339

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$5,914,339

State General Funds

$5,914,339

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,914,065 $6,014,065

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$78,631

$78,631

Reflect an adjustment in telecommunications expenses.

$39,924

$39,924

Reduce funds for operating expenses.

($118,281) ($118,281)

Amount appropriated in this Act

$5,914,339 $6,014,339

26.3. Governor's Office of Planning and Budget

Purpose: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies.

Total Funds

$7,692,428

State Funds

$7,692,428

State General Funds

$7,692,428

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,888,777 $7,888,777

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$83,128

$83,128

Reflect an adjustment in telecommunications expenses.

($121,722) ($121,722)

Reduce funds for operating expenses.

($157,755) ($157,755)

Amount appropriated in this Act

$7,692,428 $7,692,428

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The following appropriations are for agencies attached for administrative purposes.

26.4. 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

$918,223

Federal Funds and Grants

$89,558

Federal Funds Not Specifically Identified

$89,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

State Funds

$828,640

State General Funds

$828,640

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$832,892

$922,475

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$10,937

$10,937

Reflect an adjustment in telecommunications expenses.

$1,469

$1,469

Reduce regular operating expenses based on projected expenditures.

($10,508)

($10,508)

Replace state funds with federal funds.

($6,150)

($6,150)

Amount appropriated in this Act

$828,640

$918,223

26.5. 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

$11,759,204

Federal Funds and Grants

$8,215,596

Temporary Assistance for Needy Families Block Grant

$3,814,350

Federal Funds Not Specifically Identified

$4,401,246

Other Funds

$2,500,000

Other Funds - Not Specifically Identified

$2,500,000

State Funds

$1,043,608

State General Funds

$1,043,608

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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437

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Reduce funds available for implementing new Community Strategy grants.
Amount appropriated in this Act

State Funds $1,089,999
$13,658

Total Funds $11,805,595
$13,658

($825) ($59,224)

($825) ($59,224)

$1,043,608 $11,759,204

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

$32,546,887

Federal Funds and Grants

$29,703,182

Federal Funds Not Specifically Identified

$29,703,182

Other Funds

$807,856

Other Funds - Not Specifically Identified

$807,856

State Funds

$2,035,849

State General Funds

$2,035,849

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,013,369 $32,524,407

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$26,251

$26,251

Reflect an adjustment in telecommunications expenses.

$36,496

$36,496

Reduce the contract for the Civil Air Patrol.

($40,267)

($40,267)

Amount appropriated in this Act

$2,035,849 $32,546,887

26.7. 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

$1,028,240

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Federal Funds and Grants

$407,000

Federal Funds Not Specifically Identified

$407,000

State Funds

$621,240

State General Funds

$621,240

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$473,351

$880,351

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$9,032

$9,032

Reflect an adjustment in telecommunications expenses.

($11,792)

($11,792)

Provide funds for projected operating expenses.

$150,649

$150,649

Amount appropriated in this Act

$621,240 $1,028,240

26.8. 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

$6,225,037

Federal Funds and Grants

$411,930

Federal Funds Not Specifically Identified

$411,930

Other Funds

$500

Other Funds - Not Specifically Identified

$500

State Funds

$5,812,607

State General Funds

$5,812,607

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,839,020 $6,251,450

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$91,903

$91,903

Reflect an adjustment in telecommunications expenses.

($1,536)

($1,536)

Reduce funds for contractual services.

($45,784)

($45,784)

Reduce funds for personal services.

($70,996)

($70,996)

Amount appropriated in this Act

$5,812,607 $6,225,037

26.9. Governor's Office of Consumer Protection Purpose: The purpose of this appropriation is to protect consumers and legitimate business

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439

enterprises from unfair and deceptive business practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

Total Funds

$7,028,903

Other Funds

$1,314,753

Other Funds - Not Specifically Identified

$1,314,753

State Funds

$5,714,150

State General Funds

$5,714,150

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,878,953 $7,193,706

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$65,608

$65,608

Reflect an adjustment in telecommunications expenses.

($54,395)

($54,395)

Reduce funds for operating expenses.

($50,000)

($50,000)

Reduce contractual services.

($67,579)

($67,579)

Replace state funds with agency reserve funds.

($58,437)

($58,437)

Amount appropriated in this Act

$5,714,150 $7,028,903

26.10. Governor's Office of Workforce Development

Purpose: The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce.

Total Funds

$73,361,918

Federal Funds and Grants

$73,361,918

Federal Funds Not Specifically Identified

$73,361,918

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $5,196,851

Transfer grant funds from the Department of Labor to the Governor's Office of Workforce Development for implementation of the Workforce Investment Act of 1998 (Total Funds: $68,165,067).

$0 $68,165,067

Amount appropriated in this Act

$0 $73,361,918

26.11. 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

$565,487

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State Funds

$565,487

State General Funds

$565,487

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$555,712

$555,712

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$7,959

$7,959

Reflect an adjustment in telecommunications expenses.

$1,816

$1,816

Amount appropriated in this Act

$565,487

$565,487

26.12. 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

$807,642

State Funds

$807,642

State General Funds

$807,642

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$828,189

$828,189

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$15,714

$15,714

Reflect an adjustment in telecommunications expenses.

$303

$303

Reduce funds for personal services.

($16,564)

($16,564)

Reduce funds for real estate rentals.

($20,000)

($20,000)

Amount appropriated in this Act

$807,642

$807,642

Section 27: Human Services, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds
Child Care and Development Block Grant Community Service Block Grant Foster Care Title IV-E Low-Income Home Energy Assistance

$1,582,966,414 $1,028,336,336
$93,207,077 $100,117,851
$17,282,159 $77,728,169 $24,827,737

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441

Medical Assistance Program Preventive Health and Health Services Block Grant Social Services Block Grant TANF Block Grant - Unobligated Balance Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments

$62,851,542 $200,470
$52,945,743 $9,551,600
$342,412,633 $247,211,355 $27,852,523
$5,341,500 $22,511,023 $512,169,690 $505,977,884 $6,191,806 $14,607,865 $8,500,000 $6,107,865

All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: For an assistance group of one, the standard of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standard of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standard of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standard of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standard of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standard of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standard of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standard of need is $713, and the maximum monthly amount is $470. For an assistance group of nine, the standard of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standard of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standard of need is $860, and the maximum monthly amount is $568. Provided, the Department of Human Services is authorized to make supplemental payments

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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: The purpose of this appropriation is to support and facilitate the safe permanent placement of children by pre-screening families and providing support and financial services after adoption.

Total Funds

$98,236,350

Federal Funds and Grants

$54,460,884

Temporary Assistance for Needy Families Block Grant

$16,400,000

Federal Funds Not Specifically Identified

$38,060,884

Other Funds

$46,500

Other Funds - Not Specifically Identified

$46,500

State Funds

$43,728,966

State General Funds

$43,728,966

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$34,059,119 $89,166,503

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$26,544

$26,544

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.

$0 ($600,000)

Provide one-time state funds for unallowable Title IV-E expenditures based on federal audit.

$9,643,303 $9,643,303

Amount appropriated in this Act

$43,728,966 $98,236,350

27.2. After School Care

Purpose: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds.

Total Funds

$15,650,000

Federal Funds and Grants

$15,650,000

Temporary Assistance for Needy Families Block Grant

$15,500,000

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443

Federal Funds Not Specifically Identified

$150,000

27.3. Child Care Licensing

Purpose: The purpose of this appropriation is to 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

$2,652,379

Federal Funds and Grants

$1,096,931

Foster Care Title IV-E

$1,096,931

State Funds

$1,555,448

State General Funds

$1,555,448

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $2,193,862

Replace Temporary Assistance for Needy Families (TANF) funds in the Child Care Licensing program with state funds to maximize Title IV-E.

$1,555,448

$2,652,379

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.

$0 ($2,193,862)

Amount appropriated in this Act

$1,555,448 $2,652,379

27.4. Child Care Services

Purpose: The purpose of this appropriation is to permit low income families to be selfreliant while protecting the safety and well-being of their children by ensuring access to child care.

Total Funds

$225,254,561

Federal Funds and Grants

$168,520,261

CCDF Mandatory and Matching Funds

$90,698,416

Child Care and Development Block Grant

$75,415,944

Social Services Block Grant

$90

Federal Funds Not Specifically Identified

$2,405,811

Other Funds

$2,500,000

Agency Funds

$2,500,000

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State Funds State General Funds

$54,234,300 $54,234,300

27.5. Child Support Services

Purpose: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support

Total Funds

$98,577,612

Federal Funds and Grants

$71,240,292

Social Services Block Grant

$120,000

Federal Funds Not Specifically Identified

$71,120,292

Other Funds

$2,841,500

Agency Funds

$2,841,500

State Funds

$24,100,060

State General Funds

$24,100,060

Intra-State Government Transfers

$395,760

Other Intra-State Government Payments

$395,760

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$25,142,438 $101,042,356

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$292,665

$292,665

Reflect an adjustment in telecommunications expenses.

$176,221

$176,221

Replace state funds with incentive funds for regular operating in the Child Support Services program.

($1,511,264) ($2,933,630)

Amount appropriated in this Act

$24,100,060 $98,577,612

27.6. Child Welfare Services

Purpose: The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family.

Total Funds

$247,729,666

Federal Funds and Grants

$149,340,346

CCDF Mandatory and Matching Funds

$189,956

Foster Care Title IV-E

$32,844,033

Medical Assistance Program

$327,806

Social Services Block Grant

$8,264,167

Temporary Assistance for Needy Families Block Grant

$78,272,895

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445

Federal Funds Not Specifically Identified

$29,441,489

Other Funds

$152,208

Other Funds - Not Specifically Identified

$152,208

State Funds

$89,737,112

State General Funds

$89,737,112

Intra-State Government Transfers

$8,500,000

Medicaid Services Payments - Other Agencies

$8,500,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$89,712,644 $260,864,218

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$24,468

$24,468

Reclassify TANF Transfers to Social Services Block Grant as Temporary Assistance for Needy Families (TANF) (Total Funds: $25,800,000). (G:YES)

$0

$0

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.

$0 ($13,159,020)

Amount appropriated in this Act

$89,737,112 $247,729,666

27.7. Child Welfare Services - Special Project

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

$250,000

27.8. Community Services

Purpose: The purpose of this appropriation is to provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services.

Total Funds

$17,189,183

Federal Funds and Grants

$17,189,183

446

JOURNAL OF THE HOUSE

Community Service Block Grant

$17,189,183

27.9. Departmental Administration

Purpose: The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia.

Total Funds

$96,021,542

Federal Funds and Grants

$46,082,541

CCDF Mandatory and Matching Funds

$1,118,705

Child Care and Development Block Grant

$209,161

Community Service Block Grant

$92,976

Foster Care Title IV-E

$5,697,821

Low-Income Home Energy Assistance

$200,000

Medical Assistance Program

$4,548,902

Social Services Block Grant

$2,539,375

Temporary Assistance for Needy Families Block Grant

$8,095,249

Federal Funds Not Specifically Identified

$23,580,352

Other Funds

$11,187,482

Other Funds - Not Specifically Identified

$11,187,482

State Funds

$34,650,934

State General Funds

$34,650,934

Intra-State Government Transfers

$4,100,585

Other Intra-State Government Payments

$4,100,585

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$34,666,911 $99,499,097

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$584,819

$584,819

Reflect an adjustment in telecommunications expenses.

$67,961

$67,961

Reduce state funds for regular operating ($173,342), contracts ($266,434) and computer charges ($228,981).

($668,757) ($933,061)

FRIDAY, FEBRUARY 3, 2012

447

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.
Amount appropriated in this Act

$0 ($3,197,274) $34,650,934 $96,021,542

27.10. Elder Abuse Investigations and Prevention

Purpose: The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred.

Total Funds

$17,699,219

Federal Funds and Grants

$3,573,433

Medical Assistance Program

$500,000

Social Services Block Grant

$2,279,539

Federal Funds Not Specifically Identified

$793,894

State Funds

$12,514,266

State General Funds

$12,514,266

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 (HB78)

$12,287,841 $17,472,794

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$189,503

$189,503

Reflect an adjustment in telecommunications expenses.

$36,922

$36,922

Amount appropriated in this Act

$12,514,266 $17,699,219

27.11. Elder Community Living Services

Purpose: The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$112,921,075

Federal Funds and Grants

$41,435,324

Medical Assistance Program

$13,765,259

Social Services Block Grant

$3,761,430

448

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$23,908,635

State Funds

$71,485,751

State General Funds

$66,411,874

Tobacco Settlement Funds

$5,073,877

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$71,474,920 $112,910,244

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$8,578

$8,578

Reflect an adjustment in telecommunications expenses.

$2,253

$2,253

Amount appropriated in this Act

$71,485,751 $112,921,075

27.12. Elder Support Services

Purpose: The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services.

Total Funds

$8,715,044

Federal Funds and Grants

$5,866,268

Federal Funds Not Specifically Identified

$5,866,268

State Funds

$2,848,776

State General Funds

$1,730,847

Tobacco Settlement Funds

$1,117,929

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,847,024 $8,713,292

Reflect an adjustment in telecommunications expenses.

$1,752

$1,752

Amount appropriated in this Act

$2,848,776 $8,715,044

27.13. Energy Assistance

Purpose: The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

Total Funds

$25,171,849

Federal Funds and Grants

$24,281,180

Low-Income Home Energy Assistance

$24,281,180

Other Funds

$890,669

Other Funds - Not Specifically Identified

$890,669

FRIDAY, FEBRUARY 3, 2012

449

27.14. Family Violence Services

Purpose: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

Total Funds

$13,986,434

Federal Funds and Grants

$11,330,385

Preventive Health and Health Services Block Grant

$200,470

Temporary Assistance for Needy Families Block Grant

$9,046,871

Federal Funds Not Specifically Identified

$2,083,044

State Funds

$2,656,049

State General Funds

$2,656,049

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,655,000 $13,786,459

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.

$0

($495)

Replace Temporary Assistance for Needy Families (TANF) $1,001,049

$0

funds with state funds.

Provide federal funds for sexual assault centers.

$0

$200,470

Amount appropriated in this Act

$2,656,049 $13,986,434

27.15. Federal and Unobligated Balances

Purpose: The purpose of this appropriation is to 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 (HB78)

$0 $8,705,939

Reflect projected loss of $8,705,939 in federal funds.

$0 ($8,705,939)

Amount appropriated in this Act

$0

$0

450

JOURNAL OF THE HOUSE

27.16. Federal Eligibility Benefit Services

Purpose: The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Food Stamp, and Temporary Assistance for Needy Families (TANF).

Total Funds

$221,261,013

Federal Funds and Grants

$107,518,362

Child Care and Development Block Grant

$900,000

Foster Care Title IV-E

$2,882,030

Low-Income Home Energy Assistance

$346,557

Medical Assistance Program

$43,127,713

Temporary Assistance for Needy Families Block Grant

$19,628,860

Federal Funds Not Specifically Identified

$40,633,202

Other Funds

$10,234,164

Other Funds - Not Specifically Identified

$10,234,164

State Funds

$103,508,487

State General Funds

$103,508,487

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$99,903,637 $217,656,163

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$2,638,381 $2,638,381

Reflect an adjustment in telecommunications expenses.

$966,469

$966,469

Amount appropriated in this Act

$103,508,487 $221,261,013

27.17. Federal Fund Transfers to Other Agencies

Purpose: The purpose of this appropriation is to reflect federal funds received by Department of Human Services to be transferred to other state agencies for eligible expenditures under federal law.

Total Funds

$95,416,058

Federal Funds and Grants

$95,416,058

CCDF Mandatory and Matching Funds

$1,200,000

Child Care and Development Block Grant

$23,592,746

Social Services Block Grant

$35,981,142

Temporary Assistance for Needy Families Block Grant

$34,642,170

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $101,860,320

FRIDAY, FEBRUARY 3, 2012

451

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.
Amount appropriated in this Act

$0 ($6,444,262) $0 $95,416,058

27.18. Out-of-Home Care

Purpose: The purpose of this appropriation is to provide safe and appropriate temporary homes for children removed from their families due to neglect, abuse, or abandonment.

Total Funds

$194,461,601

Federal Funds and Grants

$131,446,176

Foster Care Title IV-E

$35,207,354

Temporary Assistance for Needy Families Block Grant

$96,182,517

Federal Funds Not Specifically Identified

$56,305

State Funds

$63,015,425

State General Funds

$63,015,425

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$59,577,370 $192,506,547

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.

$0 ($2,562,582)

Provide state funds for an increase in out-of-home care utilization.

$3,438,055 $4,517,636

Amount appropriated in this Act

$63,015,425 $194,461,601

27.19. Refugee Assistance

Purpose: The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

Total Funds

$8,749,006

452

JOURNAL OF THE HOUSE

Federal Funds and Grants Federal Funds Not Specifically Identified

$8,749,006 $8,749,006

27.20. Support for Needy Families - Basic Assistance

Purpose: The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$51,482,361

Federal Funds and Grants

$51,382,361

TANF Block Grant - Unobligated Balance

$9,551,600

Temporary Assistance for Needy Families Block Grant

$41,830,761

State Funds

$100,000

State General Funds

$100,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78)
Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.
Amount appropriated in this Act

State Funds $100,000 $0

Total Funds $52,500,415 ($1,018,054)

$100,000 $51,482,361

27.21. Support for Needy Families - Work Assistance

Purpose: The purpose of this appropriation is to assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$21,725,483

Federal Funds and Grants

$21,725,483

Temporary Assistance for Needy Families Block Grant

$21,363,310

Federal Funds Not Specifically Identified

$362,173

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $21,758,483

FRIDAY, FEBRUARY 3, 2012

453

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Funds Transfers to Other Agencies, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant.
Amount appropriated in this Act

$0

($33,000)

$0 $21,725,483

The following appropriations are for agencies attached for administrative purposes.

27.22. Council On Aging

Purpose: The purpose of this appropriation is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives.

Total Funds

$201,891

State Funds

$201,891

State General Funds

$201,891

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$198,052

$198,052

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$3,839

$3,839

Reduce funds for regular operating expenses.

$0

$0

Reduce funds for contractual services.

$0

$0

Amount appropriated in this Act

$201,891

$201,891

27.23. Family Connection

Purpose: The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$9,614,087

Federal Funds and Grants

$1,781,862

Medical Assistance Program

$581,862

Temporary Assistance for Needy Families Block Grant

$1,200,000

State Funds

$7,832,225

State General Funds

$7,832,225

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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 (HB78)

$7,992,066 $9,933,769

Reduce funds for contractual services.

($159,841) ($319,682)

Amount appropriated in this Act

$7,832,225 $9,614,087

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

$18,096,035 $1,958,414 $1,958,414
$97,232 $81,806 $15,426 $16,040,389 $16,040,389

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

$1,678,523

State Funds

$1,678,523

State General Funds

$1,678,523

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,647,774 $1,647,774

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$31,017

$31,017

Reflect an adjustment in telecommunications expenses.

($268)

($268)

Amount appropriated in this Act

$1,678,523 $1,678,523

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

$733,748

State Funds

$733,748

FRIDAY, FEBRUARY 3, 2012

455

State General Funds

$733,748

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$723,693

$723,693

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$10,173

$10,173

Reflect an adjustment in telecommunications expenses.

($118)

($118)

Amount appropriated in this Act

$733,748

$733,748

28.3. Fire Safety

Purpose: The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials.

Total Funds

$5,089,237

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

$4,037,450

State General Funds

$4,037,450

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,977,002 $5,028,789

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$61,094

$61,094

Reflect an adjustment in telecommunications expenses.

($646)

($646)

Amount appropriated in this Act

$4,037,450 $5,089,237

28.4. Industrial Loan

Purpose: The purpose of this appropriation is to protect consumers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less.

Total Funds

$637,631

State Funds

$637,631

456

JOURNAL OF THE HOUSE

State General Funds

$637,631

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$628,338

$628,338

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$9,395

$9,395

Reflect an adjustment in telecommunications expenses.

($102)

($102)

Amount appropriated in this Act

$637,631

$637,631

28.5. Insurance Regulation

Purpose: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

Total Funds

$5,973,151

Federal Funds and Grants

$1,003,859

Federal Funds Not Specifically Identified

$1,003,859

State Funds

$4,969,292

State General Funds

$4,969,292

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,210,480 $6,214,339

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$83,569

$83,569

Reflect an adjustment in telecommunications expenses.

($846)

($846)

Reduce funds for personal services by eliminating two vacant positions.

$0

$0

Reduce computer charges by removing one-time funding for upgrades.

($222,461) ($222,461)

Reduce funds for personal services.

($101,450) ($101,450)

Amount appropriated in this Act

$4,969,292 $5,973,151

28.6. Special Fraud
Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

FRIDAY, FEBRUARY 3, 2012

457

Total Funds

$3,983,745

State Funds

$3,983,745

State General Funds

$3,983,745

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,935,763 $3,935,763

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$48,621

$48,621

Reflect an adjustment in telecommunications expenses.

($639)

($639)

Amount appropriated in this Act

$3,983,745 $3,983,745

Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$111,686,007 $27,148,061 $27,148,061 $19,903,129 $19,903,129 $64,634,817 $64,634,817

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

$8,350,686

Federal Funds and Grants

$30,000

Federal Funds Not Specifically Identified

$30,000

State Funds

$8,320,686

State General Funds

$8,320,686

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,687,111 $7,717,111

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$69,041

$69,041

Reflect an adjustment in telecommunications expenses.

$564,534

$564,534

458

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$8,320,686 $8,350,686

29.2. Criminal Justice Information Services

Purpose: The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program.

Total Funds

$10,219,172

Federal Funds and Grants

$181,425

Federal Funds Not Specifically Identified

$181,425

Other Funds

$2,990,304

Other Funds - Not Specifically Identified

$2,990,304

State Funds

$7,047,443

State General Funds

$7,047,443

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$6,978,273 $10,150,002

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$69,170

$69,170

Amount appropriated in this Act

$7,047,443 $10,219,172

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

$22,842,233

Federal Funds and Grants

$81,131

Federal Funds Not Specifically Identified

$81,131

Other Funds

$157,865

Other Funds - Not Specifically Identified

$157,865

State Funds

$22,603,237

State General Funds

$22,603,237

FRIDAY, FEBRUARY 3, 2012

459

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$22,260,252 $22,499,248

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$342,985

$342,985

Amount appropriated in this Act

$22,603,237 $22,842,233

29.4. 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

$27,761,691

Federal Funds and Grants

$1,240,883

Federal Funds Not Specifically Identified

$1,240,883

Other Funds

$204,682

Other Funds - Not Specifically Identified

$204,682

State Funds

$26,316,126

State General Funds

$26,316,126

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$25,918,538 $27,364,103

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$397,588

$397,588

Reduce funding for three agent positions due to attrition.

$0

$0

Amount appropriated in this Act

$26,316,126 $27,761,691

The following appropriations are for agencies attached for administrative purposes.

29.5. 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

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JOURNAL OF THE HOUSE

services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program.

Total Funds

$42,512,225

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

$347,325

State General Funds

$347,325

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$344,347 $42,509,247

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$7,150

$7,150

Reflect an adjustment in telecommunications expenses.

$2,715

$2,715

Reduce funds for temporary labor contracts.

($6,887)

($6,887)

Amount appropriated in this Act

$347,325 $42,512,225

Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$295,722,087 $1,524,955 $1,524,955 $5,175,430 $5,175,430
$289,021,702 $289,021,702

30.1. Community Non-secure Commitment

Purpose: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program.

Total Funds

$33,244,906

Other Funds

$1,373,480

Other Funds - Not Specifically Identified

$1,373,480

FRIDAY, FEBRUARY 3, 2012

461

State Funds

$31,871,426

State General Funds

$31,871,426

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$28,242,669 $29,616,149

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$34,948

$34,948

Redistribute funds between programs to reflect projected expenditures.

$1,937,059 $1,937,059

Provide 50 non-secure residential beds effective January 1, 2012.

$1,368,750 $1,368,750

Create 60 new Evening Reporting Center slots effective January 1, 2012.

$288,000

$288,000

Amount appropriated in this Act

$31,871,426 $33,244,906

30.2. Community Supervision

Purpose: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management.

Total Funds

$54,268,532

Other Funds

$290,289

Other Funds - Not Specifically Identified

$290,289

State Funds

$53,978,243

State General Funds

$53,978,243

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$56,348,348 $56,348,348

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$759,627

$759,627

Reduce funds for motor vehicles.

($130,543) ($130,543)

Eliminate one full-time quality assurance specialist position based on workload realignment.

($39,520)

($39,520)

Recognize one-time savings in personal services.

($2,016,580) ($2,016,580)

Consolidate six High Intensity Team Supervision (HITS) units based on caseload and eliminate 24 full-time positions.

($424,327) ($424,327)

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JOURNAL OF THE HOUSE

Replace state funds with Targeted Case Management funding.
Eliminate two contracted eligibility specialist positions based on current workload.
Redistribute funds between programs to reflect projected expenditures.
Eliminate one full-time position due to reorganization.
Amount appropriated in this Act

($290,289)

$0

($48,000)

($48,000)

($128,313) ($128,313)

($52,160)

($52,160)

$53,978,243 $54,268,532

30.3. Departmental Administration

Purpose: The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in appropriate settings.

Total Funds

$26,788,376

Federal Funds and Grants

$376,837

Federal Funds Not Specifically Identified

$376,837

Other Funds

$173,045

Other Funds - Not Specifically Identified

$173,045

State Funds

$26,238,494

State General Funds

$26,238,494

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$26,866,077 $27,415,959

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$248,588

$248,588

Reflect an adjustment in telecommunications expenses.

($112,878) ($112,878)

Eliminate three full-time and three part-time positions based on workload realignment.

($141,701) ($141,701)

Reduce training costs based on technological efficiencies.

($70,000)

($70,000)

Recognize one-time personnel savings.

($196,701) ($196,701)

Reduce funds for motor vehicles.

($63,000)

($63,000)

Recognize telecommunications cost efficiencies.

($500,000) ($500,000)

Redistribute funds between programs to reflect projected expenditures.

$208,109

$208,109

Amount appropriated in this Act

$26,238,494 $26,788,376

30.4. Secure Commitment (YDCs) Purpose: The purpose of this appropriation is to protect the public and hold youth

FRIDAY, FEBRUARY 3, 2012

463

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

$77,881,884

Federal Funds and Grants

$1,089,360

Federal Funds Not Specifically Identified

$1,089,360

Other Funds

$1,467,571

Other Funds - Not Specifically Identified

$1,467,571

State Funds

$75,324,953

State General Funds

$75,324,953

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$70,668,678 $73,225,609

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$810,758

$810,758

Eliminate four full-time and 16 part-time educational support positions to maintain required staff ratio.

($219,688) ($219,688)

Eliminate ten full-time and six part-time clerical positions due to technological efficiencies.

($33,693)

($33,693)

Eliminate six full-time positions based on workload realignment.

($229,111) ($229,111)

Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures.

$729,400

$729,400

Reduce funds for motor vehicles.

($84,803)

($84,803)

Recognize one-time savings in personal services.

($200,000) ($200,000)

Provide funds for two Security Management and Response Teams (SMART) effective February 1, 2012.

$531,184

$531,184

Provide operating expenses to open the Atlanta YDC.

$3,352,228 $3,352,228

Amount appropriated in this Act

$75,324,953 $77,881,884

30.5. Secure Detention (RYDCs)
Purpose: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities.

464

JOURNAL OF THE HOUSE

Total Funds

$103,538,389

Federal Funds and Grants

$58,758

Federal Funds Not Specifically Identified

$58,758

Other Funds

$1,871,045

Other Funds - Not Specifically Identified

$1,871,045

State Funds

$101,608,586

State General Funds

$101,608,586

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$103,586,391 $105,516,194

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$1,356,964 $1,356,964

Eliminate four full-time teachers and 16 part-time educational support positions to maintain required staff ratio.

($106,862) ($106,862)

Eliminate ten full-time and six part-time clerical positions due to technological efficiencies.

($85,555)

($85,555)

Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures.

($2,746,255) ($2,746,255)

Reduce funds for motor vehicles.

($65,731)

($65,731)

Recognize one-time savings in personal services.

($330,366) ($330,366)

Amount appropriated in this Act

$101,608,586 $103,538,389

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

$324,825,414 $255,588,336 $255,588,336 $31,523,391
$729,513 $30,793,878 $37,568,614 $37,568,614
$145,073 $145,073

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465

31.1. Business Enterprise Program

Purpose: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$2,230,581

Federal Funds and Grants

$1,966,085

Federal Funds Not Specifically Identified

$1,966,085

State Funds

$264,496

State General Funds

$264,496

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$290,261 $2,256,346

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$2,096

$2,096

Reflect an adjustment in telecommunications expenses.

$139

$139

Reduce funds for computer charges to reflect projected expenditures.

($28,000)

($28,000)

Amount appropriated in this Act

$264,496 $2,230,581

31.2. Department of Labor Administration

Purpose: The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity.

Total Funds

$33,258,027

Federal Funds and Grants

$31,312,292

Federal Funds Not Specifically Identified

$31,312,292

State Funds

$1,805,462

State General Funds

$1,805,462

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 (HB78)

$1,781,557 $39,845,766

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$23,054

$23,054

Reflect an adjustment in telecommunications expenses.

$851

$851

Reduce grant funds to reflect projected expenditures for implementation of the Workforce Investment Act.

$0 ($6,611,644)

466

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$1,805,462 $33,258,027

31.3. Disability Adjudication Section

Purpose: The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support.

Total Funds

$55,598,820

Federal Funds and Grants

$55,598,820

Federal Funds Not Specifically Identified

$55,598,820

31.4. Division of Rehabilitation Administration

Purpose: The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment.

Total Funds

$4,425,248

Federal Funds and Grants

$2,913,518

Federal Funds Not Specifically Identified

$2,913,518

State Funds

$1,511,730

State General Funds

$1,511,730

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,501,585 $4,415,103

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$9,428

$9,428

Reflect an adjustment in telecommunications expenses.

$717

$717

Amount appropriated in this Act

$1,511,730 $4,425,248

31.5. Georgia Industries for the Blind

Purpose: The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

Total Funds

$11,828,888

Other Funds

$11,828,888

Agency Funds

$729,513

Other Funds - Not Specifically Identified

$11,099,375

31.6. Labor Market Information

Purpose: The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor market.

Total Funds

$2,249,873

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467

Federal Funds and Grants Federal Funds Not Specifically Identified

$2,249,873 $2,249,873

31.7. Roosevelt Warm Springs Institute

Purpose: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

Total Funds

$31,315,516

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

$5,433,140

State General Funds

$5,433,140

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:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,349,131 $31,231,507

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$81,453

$81,453

Reflect an adjustment in telecommunications expenses.

$2,556

$2,556

Amount appropriated in this Act

$5,433,140 $31,315,516

31.8. Safety Inspections

Purpose: The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety.

Total Funds

$3,448,939

Federal Funds and Grants

$168,552

Federal Funds Not Specifically Identified

$168,552

State Funds

$3,280,387

State General Funds

$3,280,387

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,237,422 $3,405,974

468

JOURNAL OF THE HOUSE

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Amount appropriated in this Act

$41,418

$41,418

$1,547 $3,280,387

$1,547 $3,448,939

31.9. Unemployment Insurance

Purpose: The purpose of this appropriation is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants.

Total Funds

$54,962,877

Federal Funds and Grants

$49,173,186

Federal Funds Not Specifically Identified

$49,173,186

State Funds

$5,789,691

State General Funds

$5,789,691

31.10. Vocational Rehabilitation Program

Purpose: The purpose of this appropriation is to assist people with disabilities so that they may go to work.

Total Funds

$79,368,862

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

$12,895,493

State General Funds

$12,895,493

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$13,227,143 $79,700,512

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$131,375

$131,375

Reflect an adjustment in telecommunications expenses.

$9,086

$9,086

Reduce contract funds for specialized services.

($291,952) ($291,952)

Reduce funds for personal services.

($180,159) ($180,159)

Amount appropriated in this Act

$12,895,493 $79,368,862

31.11. Workforce Development Purpose: The purpose of this appropriation is to assist employers and job seekers with job

FRIDAY, FEBRUARY 3, 2012

469

matching services and to promote economic growth and development.

Total Funds

$46,137,783

Federal Funds and Grants

$39,549,568

Federal Funds Not Specifically Identified

$39,549,568

State Funds

$6,588,215

State General Funds

$6,588,215

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$6,547,609 $129,337,705

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$37,478

$37,478

Reflect an adjustment in telecommunications expenses.

$3,128

$3,128

Reduce federal grant funds to reflect projected grant award and transfer $68,165,067 from the Georgia Department of Labor to the Governor's Office of Workforce Development for implementation of the Workforce Investment Act of 1998.

$0 ($83,240,528)

Amount appropriated in this Act

$6,588,215 $46,137,783

Section 32: Law, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$59,215,290 $3,597,990 $3,597,990 $37,377,433 $37,377,433 $18,239,867 $18,239,867

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

$54,507,047

Other Funds

$37,375,322

Other Funds - Not Specifically Identified

$37,375,322

State Funds

$17,131,725

State General Funds

$17,131,725

470

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 (HB78)

$16,657,075 $54,032,397

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$312,356

$312,356

Reflect an adjustment in telecommunications expenses.

$30,674

$30,674

Add funds to hire two time-limited attorney positions to handle the backlog of cases pertaining to Atlanta Public Schools.

$51,320

$51,320

Provide funds for one position effective January 1, 2012.

$80,300

$80,300

Amount appropriated in this Act

$17,131,725 $54,507,047

32.2. 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

$4,708,243

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

$1,108,142

State General Funds

$1,108,142

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,099,842 $4,699,943

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$6,313

$6,313

Reflect an adjustment in telecommunications expenses.

$1,987

$1,987

Amount appropriated in this Act

$1,108,142 $4,708,243

Section 33: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning and Construction Federal Funds Not Specifically Identified

$248,787,134 $54,114,156
$11,607 $54,102,549

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471

Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds

$107,876,398 $57,028,515 $50,743,970
$103,913 $86,796,580 $86,796,580

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 18 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 18 of 20 years; last payment being made June 15, 2014.

33.1. Coastal Resources

Purpose: The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.

Total Funds

$6,664,035

Federal Funds and Grants

$4,383,197

Federal Funds Not Specifically Identified

$4,383,197

Other Funds

$197,795

Other Funds - Not Specifically Identified

$197,795

State Funds

$2,083,043

State General Funds

$2,083,043

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,114,213 $6,695,205

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$30,090

$30,090

472

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Reduce funds for personal services to reflect projected expenditures. Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations. Amount appropriated in this Act

$15,309 ($68,194)
($8,375)
$2,083,043

$15,309 ($68,194)
($8,375)
$6,664,035

33.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$11,491,313

Federal Funds and Grants

$110,000

Federal Funds Not Specifically Identified

$110,000

Other Funds

$39,065

Other Funds - Not Specifically Identified

$39,065

State Funds

$11,342,248

State General Funds

$11,342,248

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$11,223,156 $11,372,221

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$99,787

$99,787

Reflect an adjustment in telecommunications expenses.

$81,456

$81,456

Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations.

($8,375)

($8,375)

Reduce funds for personal services to reflect projected expenditures and eliminate one filled position.

($53,776)

($53,776)

Amount appropriated in this Act

$11,342,248 $11,491,313

33.3. Environmental Protection
Purpose: The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to

FRIDAY, FEBRUARY 3, 2012

473

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

$115,119,276

Federal Funds and Grants

$32,861,619

Federal Funds Not Specifically Identified

$32,861,619

Other Funds

$57,028,515

Agency Funds

$57,028,515

State Funds

$25,229,142

State General Funds

$25,229,142

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$24,773,085 $114,663,219

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$772,135

$772,135

Reflect an adjustment in telecommunications expenses.

$179,384

$179,384

Reduce funds for personal services to reflect projected expenditures and eliminate two filled positions.

($495,462) ($495,462)

Amount appropriated in this Act

$25,229,142 $115,119,276

33.4. Hazardous Waste Trust Fund

Purpose: The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost-sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation.

Total Funds

$2,939,882

State Funds

$2,939,882

State General Funds

$2,939,882

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,999,880 $2,999,880

Reduce funds for operating expenses.

($59,998)

($59,998)

Amount appropriated in this Act

$2,939,882 $2,939,882

474

JOURNAL OF THE HOUSE

33.5. Historic Preservation

Purpose: The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research.

Total Funds

$2,379,074

Federal Funds and Grants

$1,020,787

Federal Highway Administration Highway Planning and Construction

$11,607

Federal Funds Not Specifically Identified

$1,009,180

State Funds

$1,358,287

State General Funds

$1,358,287

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,385,471 $2,406,258

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$30,155

$30,155

Reflect an adjustment in telecommunications expenses.

$10,032

$10,032

Reduce funds for personal services to reflect projected expenditures and eliminate one vacant position.

($49,189)

($49,189)

Reduce funds for operating expenses.

($18,182)

($18,182)

Amount appropriated in this Act

$1,358,287 $2,379,074

33.6. Parks, Recreation and Historic Sites

Purpose: The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites.

Total Funds

$56,374,953

Federal Funds and Grants

$1,704,029

Federal Funds Not Specifically Identified

$1,704,029

Other Funds

$41,480,954

Other Funds - Not Specifically Identified

$41,480,954

State Funds

$13,189,970

State General Funds

$13,189,970

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$13,287,352 $56,472,335

FRIDAY, FEBRUARY 3, 2012

475

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Reduce funds for personal services to reflect projected expenditures and eliminate five filled positions.
Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations.
Amount appropriated in this Act

$88,932
$96,215 ($267,873) ($14,656) $13,189,970

$88,932
$96,215 ($267,873) ($14,656) $56,374,953

33.7. Pollution Prevention Assistance

Purpose: The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation, and to encourage by-product reuse and recycling.

Total Funds

$211,893

Federal Funds and Grants

$96,580

Federal Funds Not Specifically Identified

$96,580

Other Funds

$115,313

Other Funds - Not Specifically Identified

$11,400

Prior Year Funds - Other

$103,913

33.8. Solid Waste Trust Fund

Purpose: The purpose of this appropriation is to fund the administration of the Scrap Tire Management program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs.

Total Funds

$1,042,075

State Funds

$1,042,075

State General Funds

$1,042,075

33.9. Wildlife Resources

Purpose: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters.

Total Funds

$52,564,633

Federal Funds and Grants

$13,937,944

Federal Funds Not Specifically Identified

$13,937,944

476

JOURNAL OF THE HOUSE

Other Funds

$9,014,756

Other Funds - Not Specifically Identified

$9,014,756

State Funds

$29,611,933

State General Funds

$29,611,933

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$29,694,060 $52,646,760

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$419,564

$419,564

Reflect an adjustment in telecommunications expenses.

$244,278

$244,278

Reduce funds for personal services to reflect projected expenditures and eliminate seven filled and five vacant positions.

($210,227) ($210,227)

Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations.

($35,594)

($35,594)

Replace state funds with federal funds for operating expenses.

($500,148) ($500,148)

Amount appropriated in this Act

$29,611,933 $52,564,633

The following appropriations are for agencies attached for administrative purposes.

33.10. Georgia State Games Commission

Purpose: The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports.

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 (HB78)

$25,000

$25,000

Delete one-time funds for the Georgia State Games Commission.

($25,000)

($25,000)

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

$53,023,239 $806,050 $806,050
$52,217,189

FRIDAY, FEBRUARY 3, 2012

477

State General Funds

$52,217,189

34.1. Board Administration

Purpose: The purpose of this appropriation is to provide administrative support for the agency.

Total Funds

$5,024,264

State Funds

$5,024,264

State General Funds

$5,024,264

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Amount appropriated in this Act

State Funds $4,986,734
$54,461

Total Funds $4,986,734
$54,461

($16,931) $5,024,264

($16,931) $5,024,264

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

$7,320,552

State Funds

$7,320,552

State General Funds

$7,320,552

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,207,791 $7,207,791

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$116,287

$116,287

Reflect an adjustment in telecommunications expenses.

($3,526)

($3,526)

Amount appropriated in this Act

$7,320,552 $7,320,552

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,

478

JOURNAL OF THE HOUSE

parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

Total Funds

$40,231,606

Federal Funds and Grants

$806,050

Federal Funds Not Specifically Identified

$806,050

State Funds

$39,425,556

State General Funds

$39,425,556

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$39,232,439 $40,038,489

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$589,033

$589,033

Reflect an adjustment in telecommunications expenses.

($21,699)

($21,699)

Realize savings due to the elimination of the state law enforcement certification ($800) and from rental savings from parole office consolidation ($7,800).

($8,600)

($8,600)

Reduce funds for contracts.

($1,482)

($1,482)

Reduce funds for personal services to reflect savings from attrition.

($286,498) ($286,498)

Reduce funds for parolee jail subsidy to reflect projected expenditures.

($77,637)

($77,637)

Amount appropriated in this Act

$39,425,556 $40,231,606

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

$446,817

State Funds

$446,817

State General Funds

$446,817

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$440,453

$440,453

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$6,837

$6,837

Reflect an adjustment in telecommunications expenses.

($473)

($473)

FRIDAY, FEBRUARY 3, 2012

479

Amount appropriated in this Act

$446,817

$446,817

Section 35: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified Prior Year Funds - Other

$842,012 $842,012 $727,045 $114,967

35.1. 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

$842,012

Other Funds

$842,012

Other Funds - Not Specifically Identified

$727,045

Prior Year Funds - Other

$114,967

The following appropriations are for agencies attached for administrative purposes.

35.2. 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0

$0

Decrease payment to the Office of the State Treasurer by $1,260,137 from $3,256,871 to $1,996,734 to reflect increased costs associated with statewide adjustments.

$0

$0

Amount appropriated in this Act

$0

$0

Section 36: Public Defender Standards Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$39,744,504 $340,000 $340,000
$39,404,504 $39,404,504

480

JOURNAL OF THE HOUSE

36.1. Public Defender Standards Council

Purpose: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office.

Total Funds

$6,175,181

Other Funds

$340,000

Other Funds - Not Specifically Identified

$340,000

State Funds

$5,835,181

State General Funds

$5,835,181

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,924,096 $6,264,096

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$83,436

$83,436

Reflect an adjustment in telecommunications expenses.

($63,555)

($63,555)

Reduce funds for personal services due to attrition.

($98,707)

($98,707)

Reduce funds for operating expenses.

($10,089)

($10,089)

Amount appropriated in this Act

$5,835,181 $6,175,181

36.2. 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

$33,569,323

State Funds

$33,569,323

State General Funds

$33,569,323

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$32,755,019 $32,755,019

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$470,080

$470,080

Reflect an adjustment in telecommunications expenses.

$5,182

$5,182

Provide funds for additional expenses associated with conflict cases.

$339,042

$339,042

Amount appropriated in this Act

$33,569,323 $33,569,323

FRIDAY, FEBRUARY 3, 2012

481

Section 37: Public Health, Department of Total Funds Federal Funds and Grants Maternal and Child Health Services Block Grant Medical Assistance Program Preventive Health and Health Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments

$678,016,367 $469,257,536 $20,893,965
$2,912,917 $2,026,075 $12,920,360 $430,504,219 $1,203,500
$692,524 $510,976 $207,467,042 $2,333,708 $193,120,214 $12,013,120 $88,289
$88,289

37.1. Adolescent and Adult Health Promotion

Purpose: The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services.

Total Funds

$38,773,121

Federal Funds and Grants

$29,523,197

Maternal and Child Health Services Block Grant

$187,504

Preventive Health and Health Services Block Grant

$41,694

Temporary Assistance for Needy Families Block Grant

$12,120,360

Federal Funds Not Specifically Identified

$17,173,639

Other Funds

$335,000

Other Funds - Not Specifically Identified

$335,000

State Funds

$8,914,924

State General Funds

$3,762,485

Tobacco Settlement Funds

$5,152,439

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$8,975,356 $40,643,553

482

JOURNAL OF THE HOUSE

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Realign Temporary Assistance for Needy Families (TANF) funds to recognize the federal loss of the TANF Supplemental grant.
Reduce grant-in-aid funds for pilot projects.
Amount appropriated in this Act

$19,568

$19,568

$0 ($1,810,000)

($80,000)

($80,000)

$8,914,924 $38,773,121

37.2. Adult Essential Health Treatment Services

Purpose: The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attack.

Total Funds

$7,457,006

Federal Funds and Grants

$225,197

Preventive Health and Health Services Block Grant

$225,197

State Funds

$7,231,809

State General Funds

$618,560

Tobacco Settlement Funds

$6,613,249

37.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs.

Total Funds

$27,562,820

Federal Funds and Grants

$7,082,398

Medical Assistance Program

$1,807,258

Federal Funds Not Specifically Identified

$5,275,140

State Funds

$20,480,422

State General Funds

$20,348,627

Tobacco Settlement Funds

$131,795

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$19,813,683 $26,896,081

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$257,683

$257,683

Reflect an adjustment in telecommunications expenses.

$266,547

$266,547

Provide funds for leased space to replace the Macon district public health office scheduled to be sold in FY 2012.

$142,509

$142,509

Amount appropriated in this Act

$20,480,422 $27,562,820

FRIDAY, FEBRUARY 3, 2012

483

37.4. Emergency Preparedness/Trauma System Improvement

Purpose: The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies, as well as improving the capacity of the state's trauma system.

Total Funds

$43,601,877

Federal Funds and Grants

$41,063,009

Maternal and Child Health Services Block Grant

$280,000

Preventive Health and Health Services Block Grant

$839,434

Federal Funds Not Specifically Identified

$39,943,575

Other Funds

$100,976

Other Funds - Not Specifically Identified

$100,976

State Funds

$2,437,892

State General Funds

$2,437,892

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,399,599 $43,563,584

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$38,293

$38,293

Amount appropriated in this Act

$2,437,892 $43,601,877

37.5. Epidemiology

Purpose: The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

Total Funds

$8,705,711

Federal Funds and Grants

$4,961,516

Preventive Health and Health Services Block Grant

$196,750

Federal Funds Not Specifically Identified

$4,764,766

Other Funds

$25,156

Agency Funds

$25,156

State Funds

$3,701,439

State General Funds

$3,585,802

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:

484

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reduce funds for personal services. Amount appropriated in this Act

State Funds $3,863,497
$20,942

Total Funds $8,867,769
$20,942

($183,000) $3,701,439

($183,000) $8,705,711

37.6. Immunization

Purpose: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$10,117,140

Federal Funds and Grants

$7,549,716

Preventive Health and Health Services Block Grant

$500,000

Federal Funds Not Specifically Identified

$7,049,716

State Funds

$2,567,424

State General Funds

$2,567,424

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,684,539 $10,234,255

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$4,885

$4,885

Reduce funds for operating expenses.

($122,000) ($122,000)

Amount appropriated in this Act

$2,567,424 $10,117,140

37.7. Infant and Child Essential Health Treatment Services

Purpose: The purpose of this appropriation is to avoid unnecessary health problems later in life by providing comprehensive health services to infants and children.

Total Funds

$48,737,601

Federal Funds and Grants

$26,559,457

Maternal and Child Health Services Block Grant

$8,518,482

Federal Funds Not Specifically Identified

$18,040,975

Other Funds

$75,000

Other Funds - Not Specifically Identified

$75,000

State Funds

$22,103,144

State General Funds

$22,103,144

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 3, 2012

485

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Replace state funds with federal funds for auditory verbal therapy services.
Reduce funds for Regional Tertiary Care center contracts.
Amount appropriated in this Act

State Funds $22,361,045
$29,599

Total Funds $48,858,002
$29,599

($137,500)

$0

($150,000) ($150,000) $22,103,144 $48,737,601

37.8. Infant and Child Health Promotion

Purpose: The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

Total Funds

$297,678,262

Federal Funds and Grants

$288,549,107

Maternal and Child Health Services Block Grant

$11,623,280

Medical Assistance Program

$119,108

Temporary Assistance for Needy Families Block Grant

$800,000

Federal Funds Not Specifically Identified

$276,006,719

Other Funds

$49,137

Agency Funds

$49,137

State Funds

$9,009,329

State General Funds

$9,009,329

Intra-State Government Transfers

$70,689

Other Intra-State Government Payments

$70,689

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$10,124,282 $299,793,215

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$35,047

$35,047

Reduce grant-in-aid funds for nurse case management.

($150,000) ($150,000)

Replace state funds with federal funds for the Children 1st ($1,000,000)

$0

case management program.

Realign Temporary Assistance for Needy Families (TANF) funds to recognize the federal loss of the TANF Supplemental grant.

$0 ($2,000,000)

Amount appropriated in this Act

$9,009,329 $297,678,262

486

JOURNAL OF THE HOUSE

37.9. Infectious Disease Control

Purpose: The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$90,588,147

Federal Funds and Grants

$60,377,072

Maternal and Child Health Services Block Grant

$84,489

Federal Funds Not Specifically Identified

$60,292,583

State Funds

$30,211,075

State General Funds

$30,211,075

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$29,857,724 $90,234,796

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$124,615

$124,615

Provide funds to continue routine HIV and Syphilis testing.

$228,736

$228,736

Amount appropriated in this Act

$30,211,075 $90,588,147

37.10. Inspections and Environmental Hazard Control

Purpose: The purpose of this appropriation is to detect and prevent environmental hazards, as well as providing inspection and enforcement of health regulations for food service establishments, sewage management facilities, and swimming pools.

Total Funds

$5,107,912

Federal Funds and Grants

$970,740

Maternal and Child Health Services Block Grant

$200,210

Preventive Health and Health Services Block Grant

$223,000

Federal Funds Not Specifically Identified

$547,530

Other Funds

$618,231

Agency Funds

$618,231

State Funds

$3,518,941

State General Funds

$3,518,941

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,481,608 $5,070,579

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$37,333

$37,333

Amount appropriated in this Act

$3,518,941 $5,107,912

FRIDAY, FEBRUARY 3, 2012

487

37.11. Public Health Formula Grants to Counties

Purpose: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

Total Funds

$77,350,003

Federal Funds and Grants

$986,551

Medical Assistance Program

$986,551

State Funds

$76,363,452

State General Funds

$76,363,452

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$71,650,778 $72,637,329

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$3,454,007 $3,454,007

Fund the first year phase-in for the new grant-in-aid formula to hold harmless all counties.

$1,258,667 $1,258,667

Amount appropriated in this Act

$76,363,452 $77,350,003

37.12. Vital Records

Purpose: The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

Total Funds

$4,065,845

Federal Funds and Grants

$1,409,576

Federal Funds Not Specifically Identified

$1,409,576

State Funds

$2,656,269

State General Funds

$2,656,269

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,538,979 $4,069,659

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$41,186

$41,186

Reduce funds for operating expenses.

($45,000)

($45,000)

Replace state funds with one-time federal funds.

($878,896)

$0

Amount appropriated in this Act

$2,656,269 $4,065,845

488

JOURNAL OF THE HOUSE

The following appropriations are for agencies attached for administrative purposes.

37.13. Brain and Spinal Injury Trust Fund

Purpose: The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries.

Total Funds

$2,333,708

State Funds

$2,333,708

Brain and Spinal Injury Trust Fund

$2,333,708

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,933,708 $1,933,708

Increase Brain and Spinal Injury Trust Funds to allow for additional awards to Georgia residents with brain and spinal injuries.

$400,000

$400,000

Amount appropriated in this Act

$2,333,708 $2,333,708

37.14. Georgia Trauma Care Network Commission

Purpose: The purpose of this appropriation is to stabilize and strengthen the states trauma system, and act as the accountability mechanism for distribution of funds appropriated for trauma system improvement.

Total Funds

$15,937,214

State Funds

$15,937,214

State General Funds

$15,937,214

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$17,656,896 $17,656,896

Reduce funds to reflect revised revenue projection for Super Speeder and license reinstatement fees.

($1,719,682) ($1,719,682)

Amount appropriated in this Act

$15,937,214 $15,937,214

Section 38: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified

$176,769,929 $38,498,171 $38,498,171 $10,291,806 $10,291,806

FRIDAY, FEBRUARY 3, 2012

489

State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$114,890,463 $114,890,463 $13,089,489 $13,089,489

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

$2,922,707

Federal Funds and Grants

$200,000

Federal Funds Not Specifically Identified

$200,000

Other Funds

$174,000

Other Funds - Not Specifically Identified

$174,000

State Funds

$2,548,707

State General Funds

$2,548,707

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,563,231 $1,937,231

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$26,721

$26,721

Reflect an Executive Order to transfer nine months funding and six positions from the Georgia Aviation Authority.

$958,755

$958,755

Amount appropriated in this Act

$2,548,707 $2,922,707

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

$6,897,999

Intra-State Government Transfers

$6,897,999

Other Intra-State Government Payments

$6,897,999

490

JOURNAL OF THE HOUSE

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

$8,354,647

Federal Funds and Grants

$141,571

Federal Funds Not Specifically Identified

$141,571

Other Funds

$103,510

Other Funds - Not Specifically Identified

$103,510

State Funds

$8,103,066

State General Funds

$8,103,066

Intra-State Government Transfers

$6,500

Other Intra-State Government Payments

$6,500

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,994,926 $8,246,507

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$108,140

$108,140

Realize savings from holding two positions vacant in FY 2012.

$0

$0

Amount appropriated in this Act

$8,103,066 $8,354,647

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

$1,622,670

State Funds

$1,568,670

State General Funds

$1,568,670

Intra-State Government Transfers

$54,000

Other Intra-State Government Payments

$54,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,541,035 $1,595,035

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$27,635

$27,635

FRIDAY, FEBRUARY 3, 2012

491

Amount appropriated in this Act

$1,568,670 $1,622,670

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

$94,800,477

Federal Funds and Grants

$12,592,428

Federal Funds Not Specifically Identified

$12,592,428

Other Funds

$1,252,400

Other Funds - Not Specifically Identified

$1,252,400

State Funds

$75,835,649

State General Funds

$75,835,649

Intra-State Government Transfers

$5,120,000

Other Intra-State Government Payments

$5,120,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$73,577,438 $92,542,266

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$1,103,531 $1,103,531

Reflect an adjustment in telecommunications expenses.

$654,680

$654,680

Provide for increased fuel costs for trooper patrol vehicles.

$500,000

$500,000

Amount appropriated in this Act

$75,835,649 $94,800,477

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

$22,227,999

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

492

JOURNAL OF THE HOUSE

State Funds

$9,018,029

State General Funds

$9,018,029

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$9,621,843 $22,831,813

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$146,186

$146,186

Recognize savings from delay in hiring civilian weighmasters.

($750,000) ($750,000)

Amount appropriated in this Act

$9,018,029 $22,227,999

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

$3,208,912

State Funds

$3,208,912

State General Funds

$3,208,912

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,149,216 $3,149,216

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$59,696

$59,696

Amount appropriated in this Act

$3,208,912 $3,208,912

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

$1,482,705

State Funds

$1,482,705

State General Funds

$1,482,705

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 3, 2012

493

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Amount appropriated in this Act

State Funds $1,459,734
$22,971

Total Funds $1,459,734
$22,971

$1,482,705 $1,482,705

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

$635,687

State Funds

$635,687

State General Funds

$635,687

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$624,100

$624,100

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$11,587

$11,587

Amount appropriated in this Act

$635,687

$635,687

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

$18,519,809

Federal Funds and Grants

$17,086,129

Federal Funds Not Specifically Identified

$17,086,129

Other Funds

$66,434

Other Funds - Not Specifically Identified

$66,434

State Funds

$356,256

State General Funds

$356,256

Intra-State Government Transfers

$1,010,990

Other Intra-State Government Payments

$1,010,990

494

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 (HB78)

$376,424 $18,539,977

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$8,654

$8,654

Reflect an adjustment in telecommunications expenses.

($21,294)

($21,294)

Reduce funds for personal services to reflect anticipated savings from attrition.

($7,528)

($7,528)

Amount appropriated in this Act

$356,256 $18,519,809

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

$1,994,649

Other Funds

$88,461

Other Funds - Not Specifically Identified

$88,461

State Funds

$1,906,188

State General Funds

$1,906,188

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,910,716 $1,960,963

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$27,463

$27,463

Reflect an adjustment in telecommunications expenses.

$6,223

$6,223

Replace state funds with other funds.

($38,214)

$0

Amount appropriated in this Act

$1,906,188 $1,994,649

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

$14,101,668

FRIDAY, FEBRUARY 3, 2012

495

Federal Funds and Grants

$1,778,300

Federal Funds Not Specifically Identified

$1,778,300

Other Funds

$2,096,774

Other Funds - Not Specifically Identified

$2,096,774

State Funds

$10,226,594

State General Funds

$10,226,594

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$10,246,951 $14,122,025

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$149,673

$149,673

Reflect an adjustment in telecommunications expenses.

$634

$634

Eliminate all instructor positions at Augusta Police Academy effective January 1, 2012.

($97,044)

($97,044)

Reduce funds for regular operating expenses.

($73,520)

($73,520)

Reduce operating expenses for Augusta Police Academy.

($100)

($100)

Amount appropriated in this Act

$10,226,594 $14,101,668

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

$9,592,609 $1,300,246 $1,300,246
$86,898 $86,898 $7,963,990 $7,963,990

39.1. Commission Administration

Purpose: The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,249,372

Federal Funds and Grants

$83,500

Federal Funds Not Specifically Identified

$83,500

Other Funds

$86,898

Other Funds - Not Specifically Identified

$86,898

State Funds

$1,078,974

State General Funds

$1,078,974

496

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 (HB78)

$1,073,035 $1,226,695

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$19,800

$19,800

Reflect an adjustment in telecommunications expenses.

$2,877

$2,877

Replace state funds with other funds for operating expenses.

($16,738)

$0

Amount appropriated in this Act

$1,078,974 $1,249,372

39.2. Facility Protection

Purpose: The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections.

Total Funds

$2,141,885

Federal Funds and Grants

$1,188,246

Federal Funds Not Specifically Identified

$1,188,246

State Funds

$953,639

State General Funds

$953,639

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$922,165 $2,110,411

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$27,270

$27,270

Reflect an adjustment in telecommunications expenses.

$4,204

$4,204

Amount appropriated in this Act

$953,639 $2,141,885

39.3. Utilities Regulation

Purpose: The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers.

Total Funds

$6,201,352

Federal Funds and Grants

$28,500

Federal Funds Not Specifically Identified

$28,500

FRIDAY, FEBRUARY 3, 2012

497

State Funds

$5,931,377

State General Funds

$5,931,377

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,979,161 $6,249,136

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$96,657

$96,657

Reflect an adjustment in telecommunications expenses.

$15,046

$15,046

Reduce funds for personal services.

($159,487) ($159,487)

Amount appropriated in this Act

$5,931,377 $6,201,352

Section 40: Regents, University System of Georgia Total Funds Other Funds
Agency Funds Other Funds - Not Specifically Identified Research Funds State Funds State General Funds

$6,058,635,512 $4,353,668,931 $2,339,759,787
$4,600,248 $2,009,308,896 $1,704,966,581 $1,704,966,581

40.1. Agricultural Experiment Station

Purpose: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competitiveness of Georgia's agribusiness.

Total Funds

$71,397,033

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$33,844,114

State General Funds

$33,844,114

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$34,058,182 $71,611,101

Reduce funds for personal services.

($214,068) ($214,068)

Amount appropriated in this Act

$33,844,114 $71,397,033

498

JOURNAL OF THE HOUSE

40.2. Athens/Tifton Vet laboratories

Purpose: The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals.

Total Funds

$4,944,522

Other Funds

$4,944,522

Research Funds

$4,944,522

40.3. Cooperative Extension Service

Purpose: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state.

Total Funds

$53,310,508

Other Funds

$25,083,929

Agency Funds

$12,083,929

Research Funds

$13,000,000

State Funds

$28,226,579

State General Funds

$28,226,579

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$28,589,236 $53,673,165

Reduce funds for personal services.

($362,657) ($362,657)

Amount appropriated in this Act

$28,226,579 $53,310,508

40.4. Enterprise Innovation Institute

Purpose: The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

Total Funds

$17,808,901

Other Funds

$10,475,000

Agency Funds

$10,475,000

State Funds

$7,333,901

State General Funds

$7,333,901

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,483,572 $17,958,572

FRIDAY, FEBRUARY 3, 2012

499

Reduce funds for personal services and operating expenses. Amount appropriated in this Act

($149,671) ($149,671) $7,333,901 $17,808,901

40.5. Forestry Cooperative Extension

Purpose: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources.

Total Funds

$997,202

Other Funds

$500,000

Other Funds - Not Specifically Identified

$24,012

Research Funds

$475,988

State Funds

$497,202

State General Funds

$497,202

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$507,349 $1,007,349

Reduce funds for personal services.

($10,147)

($10,147)

Amount appropriated in this Act

$497,202

$997,202

40.6. Forestry Research

Purpose: The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations.

Total Funds

$11,474,027

Other Funds

$8,950,426

Other Funds - Not Specifically Identified

$950,426

Research Funds

$8,000,000

State Funds

$2,523,601

State General Funds

$2,523,601

40.7. Georgia Radiation Therapy Center

Purpose: The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy.

Total Funds

$3,625,810

Other Funds

$3,625,810

Other Funds - Not Specifically Identified

$3,625,810

500

JOURNAL OF THE HOUSE

40.8. Georgia Tech Research Institute

Purpose: The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

Total Funds

$229,525,867

Other Funds

$223,917,958

Research Funds

$223,917,958

State Funds

$5,607,909

State General Funds

$5,607,909

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78) Reduce funds for operating expenses. Amount appropriated in this Act

State Funds $5,722,356 ($114,447) $5,607,909

Total Funds $229,640,314
($114,447) $229,525,867

40.9. Marine Institute

Purpose: The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

Total Funds

$1,190,417

Other Funds

$486,281

Agency Funds

$118,633

Research Funds

$367,648

State Funds

$704,136

State General Funds

$704,136

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$718,506 $1,204,787

Reduce funds for operating expenses.

($14,370)

($14,370)

Amount appropriated in this Act

$704,136 $1,190,417

40.10. Marine Resources Extension Center

Purpose: The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

Total Funds

$2,526,266

Other Funds

$1,345,529

FRIDAY, FEBRUARY 3, 2012

501

Agency Funds Research Funds State Funds State General Funds

$745,529 $600,000 $1,180,737 $1,180,737

40.11. Medical College of Georgia Hospital and Clinics

Purpose: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care.

Total Funds

$28,589,189

State Funds

$28,589,189

State General Funds

$28,589,189

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$29,172,642 $29,172,642

Reduce funds for personal services.

($583,453) ($583,453)

Amount appropriated in this Act

$28,589,189 $28,589,189

40.12. Public Libraries

Purpose: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs.

Total Funds

$36,825,680

Other Funds

$5,222,400

Agency Funds

$5,222,400

State Funds

$31,603,280

State General Funds

$31,603,280

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$32,248,245 $37,470,645

Reduce funds for personal services and operating expenses. ($644,965) ($644,965)

Amount appropriated in this Act

$31,603,280 $36,825,680

40.13. Public Service/Special Funding Initiatives

Purpose: The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

Total Funds

$11,707,447

502

JOURNAL OF THE HOUSE

State Funds

$11,707,447

State General Funds

$11,707,447

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$11,946,374 $11,946,374

Reduce funds for personal services and operating expenses. ($226,927) ($226,927)

Reduce funds for personal services and operating expenses.

($12,000)

($12,000)

Amount appropriated in this Act

$11,707,447 $11,707,447

40.14. Regents Central Office

Purpose: The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board.

Total Funds

$5,499,726

State Funds

$5,499,726

State General Funds

$5,499,726

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,596,860 $5,596,860

Reduce funds to the Southern Regional Education Board (SREB) to reflect the actual contract amount for slots in the Regional Contract and Doctoral Scholars programs.

($7,426)

($7,426)

Reduce funds for personal services.

($89,708)

($89,708)

Amount appropriated in this Act

$5,499,726 $5,499,726

40.15. Research Consortium

Purpose: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries.

Total Funds

$6,293,244

State Funds

$6,293,244

State General Funds

$6,293,244

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$6,421,678 $6,421,678

Reflect changes in the program purpose statement.

$0

$0

Reduce funds for personal services and operating expenses. ($128,434) ($128,434)

FRIDAY, FEBRUARY 3, 2012

503

Amount appropriated in this Act

$6,293,244 $6,293,244

40.16. Skidaway Institute of Oceanography

Purpose: The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

Total Funds

$4,755,499

Other Funds

$3,550,000

Agency Funds

$900,000

Research Funds

$2,650,000

State Funds

$1,205,499

State General Funds

$1,205,499

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,230,101 $4,780,101

Reduce funds for personal services.

($24,602)

($24,602)

Amount appropriated in this Act

$1,205,499 $4,755,499

40.17. Teaching

Purpose: The purpose of this appropriation is to 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

$5,541,106,925

Other Funds

$4,018,392,206

Agency Funds

$2,285,039,426

Research Funds

$1,733,352,780

State Funds

$1,522,714,719

State General Funds

$1,522,714,719

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,553,790,529 $5,572,182,735

Reduce funds for personal services and operating expenses. ($31,075,810) ($31,075,810)

Amount appropriated in this Act

$1,522,714,719 $5,541,106,925

40.18. Veterinary Medicine Experiment Station
Purpose: The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to

504

JOURNAL OF THE HOUSE

Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

Total Funds

$2,519,490

State Funds

$2,519,490

State General Funds

$2,519,490

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,542,873 $2,542,873

Reduce funds for operating expenses.

($23,383)

($23,383)

Amount appropriated in this Act

$2,519,490 $2,519,490

40.19. Veterinary Medicine Teaching Hospital

Purpose: The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

Total Funds

$10,047,050

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$425,099

State General Funds

$425,099

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$433,774 $10,055,725

Reduce funds for personal services.

($8,675)

($8,675)

Amount appropriated in this Act

$425,099 $10,047,050

The following appropriations are for agencies attached for administrative purposes.

40.20. Payments to Georgia Military College

Purpose: The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school.

Total Funds

$2,270,765

State Funds

$2,270,765

State General Funds

$2,270,765

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

FRIDAY, FEBRUARY 3, 2012

505

Amount from prior Appropriation Act (HB78) Reduce funds for the Prep School ($32,024) and the Junior College ($14,318). Amount appropriated in this Act

State Funds $2,317,107
($46,342)

Total Funds $2,317,107
($46,342)

$2,270,765 $2,270,765

40.21. Payments to Georgia Public Telecommunications Commission

Purpose: The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences, and enrich the quality of their lives.

Total Funds

$12,219,944

State Funds

$12,219,944

State General Funds

$12,219,944

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$12,431,297 $12,431,297

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$86,273

$86,273

Eliminate one-time funds to broadcast the Georgia Music Hall of Fame Awards Show.

($50,000)

($50,000)

Eliminate one full-time position and one part-time position to reflect the agency reorganization.

($154,327) ($154,327)

Reduce funds for operating expenses.

($58,739)

($58,739)

Reduce state general funds supporting employee parking spaces.

($34,560)

($34,560)

Amount appropriated in this Act

$12,219,944 $12,219,944

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

$170,440,692 $187,422 $187,422
$35,208,471 $19,641,471 $15,567,000 $134,819,219 $134,669,219
$150,000

506

JOURNAL OF THE HOUSE

Intra-State Government Transfers Other Intra-State Government Payments

$225,580 $225,580

The Department is authorized, per OCGA 40-2-31, 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

$15,036,663

Other Funds

$125,000

Agency Funds

$125,000

State Funds

$14,686,083

State General Funds

$14,686,083

Intra-State Government Transfers

$225,580

Other Intra-State Government Payments

$225,580

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$14,278,632 $14,629,212

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$119,451

$119,451

Reflect an adjustment in telecommunications expenses.

$0

$0

Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system.

$288,000

$288,000

Amount appropriated in this Act

$14,686,083 $15,036,663

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

$8,097,356

Other Funds

$484,210

Agency Funds

$484,210

State Funds

$7,613,146

State General Funds

$7,613,146

FRIDAY, FEBRUARY 3, 2012

507

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,684,788 $8,168,998

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$88,358

$88,358

Reflect an adjustment in telecommunications expenses.

$0

$0

Reduce funds for personal services due to attrition.

($160,000) ($160,000)

Amount appropriated in this Act

$7,613,146 $8,097,356

41.3. Forestland Protection Grants

Purpose: The purpose of this appropriation is to 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

$14,584,551

State Funds

$14,584,551

State General Funds

$14,584,551

41.4. Fraud Detection and Prevention

Purpose: The purpose of this program is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools.

Total Funds

$4,900,000

State Funds

$4,900,000

State General Funds

$4,900,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0

$0

Provide funds for the implementation of a tax fraud detection and prevention system.

$4,900,000 $4,900,000

Amount appropriated in this Act

$4,900,000 $4,900,000

41.5. 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

$5,866,637

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JOURNAL OF THE HOUSE

Federal Funds and Grants

$187,422

Federal Funds Not Specifically Identified

$187,422

Other Funds

$2,936,503

Agency Funds

$1,439,503

Other Funds - Not Specifically Identified

$1,497,000

State Funds

$2,742,712

State General Funds

$2,592,712

Tobacco Settlement 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 (HB78)

$2,788,968 $5,864,893

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$45,544

$45,544

Reflect an adjustment in telecommunications expenses.

$0

$0

Hold two agent positions vacant.

($43,800)

($43,800)

Replace state funds with other funds for personal services.

($48,000)

$0

Amount appropriated in this Act

$2,742,712 $5,866,637

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

$4,932,214

Other Funds

$2,670,000

Agency Funds

$200,000

Other Funds - Not Specifically Identified

$2,470,000

State Funds

$2,262,214

State General Funds

$2,262,214

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,270,247 $4,940,247

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$37,967

$37,967

Reflect an adjustment in telecommunications expenses.

$0

$0

Reduce funds for operating expenses.

($10,000)

($10,000)

Reduce funds for contracts.

($36,000)

($36,000)

FRIDAY, FEBRUARY 3, 2012

509

Amount appropriated in this Act

$2,262,214 $4,932,214

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

$6,984,996

State Funds

$6,984,996

State General Funds

$6,984,996

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

$16,495,832

Other Funds

$11,981,765

Agency Funds

$3,881,765

Other Funds - Not Specifically Identified

$8,100,000

State Funds

$4,514,067

State General Funds

$4,514,067

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,493,717 $16,475,482

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$111,350

$111,350

Reflect an adjustment in telecommunications expenses.

$0

$0

Reduce funds for operating expenses.

($40,000)

($40,000)

Reduce funds for personal services due to attrition.

($51,000)

($51,000)

Utilize other funds from the purchase of tag data to provide

$0

$0

the initial step for a three-year replacement schedule for

county GRATIS printers and maintenance ($585,035).

Amount appropriated in this Act

$4,514,067 $16,495,832

41.9. Office of Special Investigations

Purpose: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections.

Total Funds

$2,902,755

510

JOURNAL OF THE HOUSE

State Funds

$2,902,755

State General Funds

$2,902,755

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,736,081 $2,736,081

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$27,174

$27,174

Reflect an adjustment in telecommunications expenses.

$0

$0

Reduce funds for personal services due to attrition.

($60,000)

($60,000)

Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system.

$199,500

$199,500

Amount appropriated in this Act

$2,902,755 $2,902,755

41.10. 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

$14,352,473

State Funds

$14,352,473

State General Funds

$14,352,473

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$14,342,762 $14,342,762

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$90,211

$90,211

Reflect an adjustment in telecommunications expenses.

$0

$0

Reduce funds for operating expenses.

($120,000) ($120,000)

Reduce funds for personal services due to attrition.

($68,000)

($68,000)

Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system.

$107,500

$107,500

Amount appropriated in this Act

$14,352,473 $14,352,473

41.11. Tax Compliance Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance,

FRIDAY, FEBRUARY 3, 2012

511

and collect on delinquent accounts.

Total Funds

$51,219,842

Other Funds

$16,610,993

Agency Funds

$13,110,993

Other Funds - Not Specifically Identified

$3,500,000

State Funds

$34,608,849

State General Funds

$34,608,849

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$35,515,536 $52,126,529

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$414,901

$414,901

Reflect an adjustment in telecommunications expenses.

$0

$0

Recognize savings from holding 11 positions vacant and utilize FIFA funds to hire these positions, effective April 1, 2012.

($710,311)

($710,311)

Recognize savings due to delay in hiring revenue agents.

($611,277) ($611,277)

Amount appropriated in this Act

$34,608,849 $51,219,842

41.12. Tax 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

$1,857,097

Other Funds

$400,000

Agency Funds

$400,000

State Funds

$1,457,097

State General Funds

$1,457,097

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,460,248 $1,860,248

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$26,849

$26,849

Reflect an adjustment in telecommunications expenses.

$0

$0

Reduce funds for contracts.

($30,000)

($30,000)

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JOURNAL OF THE HOUSE

Amount appropriated in this Act

$1,457,097 $1,857,097

41.13. 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

$23,210,276

State Funds

$23,210,276

State General Funds

$23,210,276

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78)
Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system.
Reduce state funds and replace with FIFA funds for two contract positions in the Technology Services program.
Amount appropriated in this Act

State Funds $23,060,243
$203,751

Total Funds $23,060,243
$203,751

$0 $155,000

$0 $155,000

($208,718) ($208,718) $23,210,276 $23,210,276

Section 42: Secretary of State Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified Records Center Storage Fee State Funds State General Funds

$33,328,562 $85,000 $85,000
$1,557,183 $1,121,412
$435,771 $31,686,379 $31,686,379

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.

FRIDAY, FEBRUARY 3, 2012

513

Total Funds

$4,965,149

Other Funds

$532,671

Other Funds - Not Specifically Identified

$96,900

Records Center Storage Fee

$435,771

State Funds

$4,432,478

State General Funds

$4,432,478

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,313,024 $4,845,695

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$26,178

$26,178

Reflect an adjustment in telecommunications expenses.

$4,178

$4,178

Increase funding for the lease escalator on the Georgia Archives building in Forest Park.

$89,098

$89,098

Amount appropriated in this Act

$4,432,478 $4,965,149

42.2. Corporations

Purpose: The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities.

Total Funds

$1,970,023

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

State Funds

$1,230,511

State General Funds

$1,230,511

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,231,461 $1,970,973

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$22,486

$22,486

Reflect an adjustment in telecommunications expenses.

$1,193

$1,193

Reduce funds for personal services.

($24,629)

($24,629)

Amount appropriated in this Act

$1,230,511 $1,970,023

42.3. Elections Purpose: The purpose of this appropriation is to administer all duties imposed upon the

514

JOURNAL OF THE HOUSE

Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws.

Total Funds

$6,613,543

Federal Funds and Grants

$85,000

Federal Funds Not Specifically Identified

$85,000

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$6,478,543

State General Funds

$6,478,543

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,648,857 $4,783,857

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$25,182

$25,182

Reflect an adjustment in telecommunications expenses.

$4,504

$4,504

Increase funding for reapportionment expenses.

$1,800,000 $1,800,000

Amount appropriated in this Act

$6,478,543 $6,613,543

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

$5,755,761

Other Funds

$15,000

Other Funds - Not Specifically Identified

$15,000

State Funds

$5,740,761

State General Funds

$5,740,761

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,766,114 $5,781,114

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$84,383

$84,383

Reflect an adjustment in telecommunications expenses.

$5,586

$5,586

Reduce funds for operating expenses.

$0

$0

Reduce funds for personal services.

($115,322) ($115,322)

FRIDAY, FEBRUARY 3, 2012

515

Amount appropriated in this Act

$5,740,761 $5,755,761

42.5. Professional Licensing Boards

Purpose: The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$6,971,091

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$6,821,091

State General Funds

$6,821,091

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$6,827,104 $6,977,104

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$88,915

$88,915

Reflect an adjustment in telecommunications expenses.

$6,614

$6,614

Reduce funds for personal services.

($136,542) ($136,542)

Provide funds to the Georgia Board of Pharmacy for operations and the administration of exams.

$35,000

$35,000

Amount appropriated in this Act

$6,821,091 $6,971,091

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

$862,354

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$812,354

State General Funds

$812,354

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$819,685

$869,685

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$8,809

$8,809

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JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Reduce funds for personal services. Amount appropriated in this Act

$794 ($16,934) $812,354

$794 ($16,934) $862,354

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

$262,026

Other Funds

$20,000

Other Funds - Not Specifically Identified

$20,000

State Funds

$242,026

State General Funds

$242,026

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$242,403

$262,403

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$4,471

$4,471

Reduce funds for operating expenses.

($4,848)

($4,848)

Amount appropriated in this Act

$242,026

$262,026

42.8. Georgia Drugs and Narcotics Agency

Purpose: The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

Total Funds

$1,923,596

State Funds

$1,923,596

State General Funds

$1,923,596

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,950,515 $1,950,515

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$23,034

$23,034

Reflect an adjustment in telecommunications expenses.

$14,592

$14,592

FRIDAY, FEBRUARY 3, 2012

517

Reduce funds for personal services. Amount appropriated in this Act

($64,545) $1,923,596

($64,545) $1,923,596

42.9. Real Estate Commission

Purpose: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

Total Funds

$2,903,777

State Funds

$2,903,777

State General Funds

$2,903,777

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,929,545 $2,929,545

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$36,844

$36,844

Reflect an adjustment in telecommunications expenses.

($4,021)

($4,021)

Reduce funds for contractual services based on reduced workload.

($58,591)

($58,591)

Amount appropriated in this Act

$2,903,777 $2,903,777

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

$1,101,242

State Funds

$1,101,242

State General Funds

$1,101,242

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,084,145 $1,084,145

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$16,225

$16,225

Reflect an adjustment in telecommunications expenses.

$872

$872

Amount appropriated in this Act

$1,101,242 $1,101,242

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JOURNAL OF THE HOUSE

Section 43: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$9,889,176 $2,070,034 $2,070,034
$628,335 $628,335 $2,615,519 $2,615,519 $709,467 $709,467

43.1. Commission Administration

Purpose: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

Total Funds

$730,069

State Funds

$730,069

State General Funds

$730,069

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$721,339

$721,339

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$10,370

$10,370

Reflect an adjustment in telecommunications expenses.

($1,640)

($1,640)

Amount appropriated in this Act

$730,069

$730,069

43.2. Conservation of Agricultural Water Supplies

Purpose: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use, to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments.

Total Funds

$2,558,428

Federal Funds and Grants

$1,730,528

Federal Funds Not Specifically Identified

$1,730,528

Other Funds

$592,251

Other Funds - Not Specifically Identified

$592,251

State Funds

$235,649

State General Funds

$235,649

FRIDAY, FEBRUARY 3, 2012

519

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$233,535 $2,556,314

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$2,368

$2,368

Reflect an adjustment in telecommunications expenses.

($254)

($254)

Reduce funds for personal services to reflect projected expenditures.

$0

$0

Reduce funds for operating expenses.

$0

$0

Amount appropriated in this Act

$235,649 $2,558,428

43.3. Conservation of Soil and Water Resources

Purpose: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other nonpoint 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

$2,448,987

Federal Funds and Grants

$339,506

Federal Funds Not Specifically Identified

$339,506

Other Funds

$36,084

Other Funds - Not Specifically Identified

$36,084

State Funds

$1,363,930

State General Funds

$1,363,930

Intra-State Government Transfers

$709,467

Other Intra-State Government Payments

$709,467

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,344,676 $2,429,733

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$20,187

$20,187

Reflect an adjustment in telecommunications expenses.

($933)

($933)

Reduce funds for personal services to reflect projected expenditures.

$0

$0

Reduce funds for operating expenses.

$0

$0

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JOURNAL OF THE HOUSE

Amount appropriated in this Act

$1,363,930 $2,448,987

43.4. U.S.D.A. Flood Control Watershed Structures

Purpose: The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act.

Total Funds

$3,989,063

State Funds

$123,242

State General Funds

$123,242

43.5. Water Resources and Land Use Planning

Purpose: The purpose of this appropriation is to provide funds for planning and research on water management, erosion, and sedimentation control.

Total Funds

$162,629

State Funds

$162,629

State General Funds

$162,629

Section 44: Personnel Administration, State Total Funds Intra-State Government Transfers Other Intra-State Government Payments

$12,494,450 $12,494,450 $12,494,450

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.

44.1. Recruitment and Staffing Services

Purpose: The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs.

Total Funds

$1,591,242

Intra-State Government Transfers

$1,591,242

Other Intra-State Government Payments

$1,591,242

44.2. System Administration

Purpose: The purpose of this appropriation is to provide administrative and technical support to the agency.

Total Funds

$3,681,399

FRIDAY, FEBRUARY 3, 2012

521

Intra-State Government Transfers

$3,681,399

Other Intra-State Government Payments

$3,681,399

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $3,681,399

Increase payment to the Office of the State Treasurer by $500,000 from $1,947,035 to $2,447,035.

$0

$0

Amount appropriated in this Act

$0 $3,681,399

44.3. Total Compensation and Rewards

Purpose: The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$6,084,586

Intra-State Government Transfers

$6,084,586

Other Intra-State Government Payments

$6,084,586

44.4. Workforce Development and Alignment

Purpose: The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and assessments of jobrelated skills to assist employees in their career development.

Total Funds

$1,137,223

Intra-State Government Transfers

$1,137,223

Other Intra-State Government Payments

$1,137,223

Section 45: Student Finance Commission, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds

$653,963,411 $1,082,723 $1,082,723
$652,880,688 $617,317,929
$35,562,759

45.1. Accel

Purpose: The purpose of this appropriation is to 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

$8,565,101

State Funds

$8,565,101

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JOURNAL OF THE HOUSE

State General Funds

$8,565,101

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$6,500,000 $6,500,000

Increase funds for the Accel program to meet the projected need.

$2,065,101 $2,065,101

Amount appropriated in this Act

$8,565,101 $8,565,101

45.2. Engineer Scholarship

Purpose: The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus), and retain those students as engineers in the State.

Total Funds

$570,000

State Funds

$570,000

State General Funds

$570,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$550,000

$550,000

Increase funds for the Engineer Scholarship program to meet the projected need.

$20,000

$20,000

Amount appropriated in this Act

$570,000

$570,000

45.3. Georgia Military College Scholarship

Purpose: The purpose of this appropriation is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership.

Total Funds

$1,094,862

State Funds

$1,094,862

State General Funds

$1,094,862

45.4. HERO Scholarship

Purpose: The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the spouses and children of such members.

Total Funds

$800,000

State Funds

$800,000

State General Funds

$800,000

FRIDAY, FEBRUARY 3, 2012

523

45.5. HOPE Administration

Purpose: The purpose of this appropriation is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges.

Total Funds

$7,816,372

State Funds

$7,816,372

Lottery Funds

$7,816,372

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,770,114 $7,770,114

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$46,258

$46,258

Amount appropriated in this Act

$7,816,372 $7,816,372

45.6. HOPE GED

Purpose: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia.

Total Funds

$2,636,276

State Funds

$2,636,276

Lottery Funds

$2,636,276

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,957,061 $2,957,061

Decrease funds for the HOPE GED program to meet the projected need.

($320,785) ($320,785)

Amount appropriated in this Act

$2,636,276 $2,636,276

45.7. HOPE Grant

Purpose: The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public postsecondary institution.

Total Funds

$122,800,225

State Funds

$122,800,225

Lottery Funds

$122,800,225

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB78) Decrease funds for the HOPE Grant program to meet the projected need. Amount appropriated in this Act

State Funds Total Funds $130,737,363 $130,737,363 ($7,937,138) ($7,937,138)
$122,800,225 $122,800,225

45.8. HOPE Scholarships - Private Schools

Purpose: The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private postsecondary institution.

Total Funds

$53,426,921

State Funds

$53,426,921

Lottery Funds

$53,426,921

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$54,501,104 $54,501,104

Decrease funds for the HOPE Scholarship - Private Schools ($3,557,948) ($3,557,948) program to meet the projected need.

Provide funds for Zell Miller Scholarships for students attending eligible private postsecondary institutions.

$2,483,765 $2,483,765

Amount appropriated in this Act

$53,426,921 $53,426,921

45.9. HOPE Scholarships - Public Schools

Purpose: The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public postsecondary institution.

Total Funds

$410,638,135

State Funds

$410,638,135

Lottery Funds

$410,638,135

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$377,666,709 $377,666,709

Increase funds for the HOPE Scholarship - Public Schools program to meet the projected need.

$16,349,303 $16,349,303

Provide funds for Zell Miller Scholarships for students attending eligible public postsecondary institutions.

$16,622,123 $16,622,123

Amount appropriated in this Act

$410,638,135 $410,638,135

FRIDAY, FEBRUARY 3, 2012

525

45.10. Low Interest Loans

Purpose: The purpose of this appropriation is to implement a needs-based, low-interest loan program to assist with the affordability of a college education. The loan is forgivable for certain critical need programs.

Total Funds

$20,000,000

State Funds

$20,000,000

Lottery Funds

$20,000,000

45.11. North Ga. Military Scholarship Grants

Purpose: The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership.

Total Funds

$1,790,523

Other Funds

$482,723

Other Funds - Not Specifically Identified

$482,723

State Funds

$1,307,800

State General Funds

$1,307,800

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,352,800 $1,835,523

Decrease funds for the North Georgia Military Scholarship Grants program to meet the projected need.

($45,000)

($45,000)

Amount appropriated in this Act

$1,307,800 $1,790,523

45.12. North Georgia ROTC Grants

Purpose: The purpose of this appropriation is to provide Georgia residents with nonrepayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program.

Total Funds

$847,479

State Funds

$847,479

State General Funds

$847,479

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$802,479

$802,479

Increase funds for the North Georgia ROTC Grants program to meet projected need.

$45,000

$45,000

Amount appropriated in this Act

$847,479

$847,479

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45.13. Public Memorial Safety Grant

Purpose: The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public postsecondary institution in the State of Georgia.

Total Funds

$376,761

State Funds

$376,761

State General Funds

$376,761

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78) Increase funds for the Public Memorial Safety Grant program to meet the projected need. Amount appropriated in this Act

State Funds $306,761 $70,000

Total Funds $306,761 $70,000

$376,761

$376,761

45.14. Tuition Equalization Grants

Purpose: The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private postsecondary institutions.

Total Funds

$21,896,323

Other Funds

$600,000

Other Funds - Not Specifically Identified

$600,000

State Funds

$21,296,323

State General Funds

$21,296,323

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$25,002,946 $25,002,946

Reduce funds for the Tuition Equalization Grant program and replace state general funds with deferred revenue to meet the projected need (Other Funds: $600,000).

($3,706,623) ($3,106,623)

Amount appropriated in this Act

$21,296,323 $21,896,323

45.15. Zell Miller Scholars
Purpose: The purpose of this appropriation is to provide a full-tuition scholarship to Georgia public college students or a $4,000 scholarship to Georgia private college students graduating high school with a 3.7 GPA and scoring a 1200 SAT or 26 ACT or named valedictorian or salutatorian. The scholarship may be continued beyond the freshman year by maintaining a 3.3 GPA in college.

FRIDAY, FEBRUARY 3, 2012

527

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 (HB78)

$19,105,888 $19,105,888

Consolidate the Zell Miller Scholarship program into the ($19,105,888) ($19,105,888) HOPE Scholarship - Public Schools program and the HOPE Scholarship - Private Schools program.

Amount appropriated in this Act

$0

$0

The following appropriations are for agencies attached for administrative purposes.

45.16. Nonpublic Postsecondary Education Commission

Purpose: The purpose of this appropriation is to authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints.

Total Funds

$704,433

State Funds

$704,433

State General Funds

$704,433

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$692,684

$692,684

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$11,565

$11,565

Reflect an adjustment in telecommunications expenses.

$184

$184

Amount appropriated in this Act

$704,433

$704,433

Section 46: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments

$29,961,420 $692,992 $692,992
$29,268,428 $29,268,428

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 2012.

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46.1. Local/Floor COLA

Purpose: The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

Total Funds

$692,992

State Funds

$692,992

State General Funds

$692,992

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB78) Reduce funds to reflect the declining population of teachers who qualify for this benefit. Amount appropriated in this Act

State Funds $793,000
($100,008)
$692,992

Total Funds $793,000
($100,008)
$692,992

46.2. System Administration

Purpose: The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds

$29,268,428

Intra-State Government Transfers

$29,268,428

Retirement Payments

$29,268,428

Section 47: Technical College System of Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$652,042,059 $66,509,000 $66,509,000 $268,710,000 $268,613,230
$96,770 $314,867,975 $314,867,975
$1,360,000 $1,360,000

47.1. Adult Literacy Purpose: The purpose of this appropriation is to develop Georgia's workforce by providing

FRIDAY, FEBRUARY 3, 2012

529

adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills.

Total Funds

$37,734,937

Federal Funds and Grants

$19,110,000

Federal Funds Not Specifically Identified

$19,110,000

Other Funds

$5,480,000

Agency Funds

$5,480,000

State Funds

$13,144,937

State General Funds

$13,144,937

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$12,828,054 $37,418,054

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$317,037

$317,037

Reflect an adjustment in telecommunications expenses.

($154)

($154)

Amount appropriated in this Act

$13,144,937 $37,734,937

47.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions.

Total Funds

$9,841,885

Federal Funds and Grants

$1,400,000

Federal Funds Not Specifically Identified

$1,400,000

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$7,636,801

State General Funds

$7,636,801

Intra-State Government Transfers

$110,000

Other Intra-State Government Payments

$110,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,635,862 $9,840,946

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$154,073

$154,073

Reflect an adjustment in telecommunications expenses.

($417)

($417)

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Reduce funds for personal services and operating expenses. Reduce funds for contractual services. Amount appropriated in this Act

($122,717) ($30,000)
$7,636,801

($122,717) ($30,000)
$9,841,885

47.3. Quick Start and Customized Services

Purpose: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace.

Total Funds

$22,840,423

Federal Funds and Grants

$1,000,000

Federal Funds Not Specifically Identified

$1,000,000

Other Funds

$8,930,000

Agency Funds

$8,930,000

State Funds

$12,910,423

State General Funds

$12,910,423

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$12,769,875 $22,699,875

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$140,548

$140,548

Amount appropriated in this Act

$12,910,423 $22,840,423

47.4. Technical Education

Purpose: The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace.

Total Funds

$581,624,814

Federal Funds and Grants

$44,999,000

Federal Funds Not Specifically Identified

$44,999,000

Other Funds

$254,200,000

Agency Funds

$254,103,230

Other Funds - Not Specifically Identified

$96,770

State Funds

$281,175,814

State General Funds

$281,175,814

Intra-State Government Transfers

$1,250,000

FRIDAY, FEBRUARY 3, 2012

531

Other Intra-State Government Payments

$1,250,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$280,037,095 $580,486,095

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$7,270,627 $7,270,627

Reflect an adjustment in telecommunications expenses.

($19,207)

($19,207)

Reduce funds for operating expenses.

($2,121,876) ($2,121,876)

Realize savings by closing underutilized branch locations. ($3,990,825) ($3,990,825)

Amount appropriated in this Act

$281,175,814 $581,624,814

Section 48: Transportation, Department of Total Funds Federal Funds and Grants
Federal Highway Administration Highway Planning and Construction Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$2,946,843,149 $1,210,491,192 $1,143,629,823
$66,861,369 $988,247,874
$5,724,308 $982,523,566 $747,343,850 $740,758,988
$6,584,862 $760,233 $760,233

It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Office of the State Treasurer, 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.) 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.

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d.) 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. e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses.
Further, from all appropriations of motor fuel funds for prior fiscal years through the fiscal year ending June 30, 2011, the balances that remain unexpended and not contractually obligated and that are not for the purpose of grants to local governments or for payment of public debt are re-allocated in this bill to the programs listed below, (or in proportionate amounts if the total be otherwise), within the fund source line item, "Other Funds Not Specifically Identified," as follows: 48.2 Capital Construction Projects $461,542,322 48.3 Capital Maintenance Projects $357,694,882 48.4 Construction Administration $50,000,000 48.6 Departmental Administration $5,000,000 48.7 Local Maintenance and Improvement Grants $61,369,074 48.8 Local Road Assistance Administration $35,499,213 48.9 Planning $2,205,072 48.10 Payments to State Road and Tollway Authority $9,206,653

48.1. Airport Aid

Purpose: The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects.

Total Funds

$38,202,454

Federal Funds and Grants

$35,537,002

Federal Funds Not Specifically Identified

$35,537,002

Other Funds

$6,350

Other Funds - Not Specifically Identified

$6,350

State Funds

$2,659,102

State General Funds

$2,659,102

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,454,358 $37,997,710

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$4,744

$4,744

Reduce grant funds for Airport Aid projects to reflect state-

$0

$0

match requirements.

Increase grant funds for Airport Aid projects.

$200,000

$200,000

FRIDAY, FEBRUARY 3, 2012

533

Amount appropriated in this Act

$2,659,102 $38,202,454

48.2. Capital Construction Projects

Purpose: The purpose of this appropriation is to provide funding for Capital Outlay road construction and enhancement projects on local and state road systems.

Total Funds

$1,361,611,377

Federal Funds and Grants

$675,252,699

Federal Highway Administration Highway Planning and Construction

$675,252,699

Other Funds

$461,542,322

Other Funds - Not Specifically Identified

$461,542,322

State Funds

$224,816,356

Motor Fuel Funds

$224,816,356

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$198,639,678 $873,892,377

Provide funds for capital outlay projects.

$13,891,810 $13,891,810

Transfer funds from the Payments to State Road and Tollway Authority program to Capital Construction Projects program for capital outlay projects.

$815,267

$815,267

Transfer surplus personal service funds in the Local Road Assistance Administration program to the Capital Construction Projects program for capital outlay projects.

$11,469,601 $11,469,601

Provide $117,819,793 in prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects.

$0

$0

Provide $461,542,322 in prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects and utilize $300,000,000 for the Northwest Corridor project.

$0 $461,542,322

Amount appropriated in this Act

$224,816,356 $1,361,611,377

48.3. Capital Maintenance Projects

Purpose: The purpose of this appropriation is to provide funding for Capital Outlay for maintenance projects.

Total Funds

$512,067,863

Federal Funds and Grants

$128,218,385

Federal Highway Administration Highway Planning and Construction

$128,218,385

Other Funds

$357,694,882

Other Funds - Not Specifically Identified

$357,694,882

534

JOURNAL OF THE HOUSE

State Funds

$26,154,596

Motor Fuel Funds

$26,154,596

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$26,154,596 $154,372,981

Provide $131,596,855 in prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects.

$0

$0

Provide $357,694,882 in prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects.

$0 $357,694,882

Amount appropriated in this Act

$26,154,596 $512,067,863

48.4. Construction Administration

Purpose: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects.

Total Funds

$139,415,632

Federal Funds and Grants

$64,892,990

Federal Highway Administration Highway Planning and Construction

$64,892,990

Other Funds

$50,000,000

Other Funds - Not Specifically Identified

$50,000,000

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 (HB78)

$24,357,642 $89,415,632

Provide $20,000,000 in prior-year motor fuel funds to meet

$0

$0

personal service projections.

Provide $50,000,000 in prior-year motor fuel funds to meet personal service projections.

$0 $50,000,000

Amount appropriated in this Act

$24,357,642 $139,415,632

48.5. Data Collection, Compliance and Reporting Purpose: The purpose of this appropriation is to collect and disseminate crash, accident,

FRIDAY, FEBRUARY 3, 2012

535

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 and Construction

$8,270,257

Other Funds

$62,257

Agency Funds

$62,257

State Funds

$2,804,774

Motor Fuel Funds

$2,804,774

48.6. Departmental Administration

Purpose: The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways.

Total Funds

$67,821,793

Federal Funds and Grants

$10,839,823

Federal Highway Administration Highway Planning and Construction

$10,839,823

Other Funds

$5,898,970

Agency Funds

$898,970

Other Funds - Not Specifically Identified

$5,000,000

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 (HB78)

$51,083,000 $62,821,793

Provide $5,000,000 in prior-year motor fuel funds for operating expenses.

$0 $5,000,000

Amount appropriated in this Act

$51,083,000 $67,821,793

48.7. Local Maintenance and Improvement Grants

Purpose: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments for road and bridge resurfacing projects through the State Funded Construction - Local Road Assistance Program.

Total Funds

$162,011,324

Other Funds

$61,369,074

Other Funds - Not Specifically Identified

$61,369,074

State Funds

$100,642,250

Motor Fuel Funds

$100,642,250

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$100,642,250 $100,642,250

Provide $61,369,074 in prior-year motor fuel funds for local road improvement grants.

$0 $61,369,074

Amount appropriated in this Act

$100,642,250 $162,011,324

48.8. Local Road Assistance Administration

Purpose: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges.

Total Funds

$85,707,681

Federal Funds and Grants

$32,758,670

Federal Highway Administration Highway Planning and Construction

$32,758,670

Other Funds

$35,499,213

Other Funds - Not Specifically Identified

$35,499,213

State Funds

$16,854,565

Motor Fuel Funds

$16,854,565

Intra-State Government Transfers

$595,233

Other Intra-State Government Payments

$595,233

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$36,476,968 $69,830,871

Transfer surplus personal services funds in the Local Road Assistance Administration program ($19,622,403) to the Routine Maintenance program ($8,152,802) for operating expenses and to the Capital Construction Projects program ($11,469,601) for capital outlay projects.

($19,622,403) ($19,622,403)

Provide $35,499,213 in prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects.

$0 $35,499,213

Amount appropriated in this Act

$16,854,565 $85,707,681

48.9. Planning

Purpose: The purpose of this appropriation is to 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

$20,644,950

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537

Federal Funds and Grants

$14,683,804

Federal Highway Administration Highway Planning and Construction

$14,683,804

Other Funds

$2,205,072

Other Funds - Not Specifically Identified

$2,205,072

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 (HB78)

$3,756,074 $18,439,878

Provide $2,205,072 in prior-year motor fuel funds for operating expenses.

$0 $2,205,072

Amount appropriated in this Act

$3,756,074 $20,644,950

48.10. Ports and Waterways

Purpose: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-ofway, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

Total Funds

$870,167

State Funds

$870,167

State General Funds

$870,167

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$698,744

$698,744

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$2,876

$2,876

Provide funds for increased tax assessments.

$235,000

$235,000

Reduce personal services to reflect projected expenditures.

($66,453)

($66,453)

Amount appropriated in this Act

$870,167

$870,167

48.11. Rail

Purpose: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

Total Funds

$223,560

Other Funds

$88,239

Agency Funds

$88,239

State Funds

$135,321

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State General Funds

$135,321

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$174,707

$262,946

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$2,257

$2,257

Reduce funds for personal services to reflect projected expenditures.

($41,643)

($41,643)

Amount appropriated in this Act

$135,321

$223,560

48.12. Routine Maintenance

Purpose: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloging road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers.

Total Funds

$210,247,380

Federal Funds and Grants

$24,886,452

Federal Highway Administration Highway Planning and Construction

$24,886,452

Other Funds

$642,602

Agency Funds

$642,602

State Funds

$184,718,326

Motor Fuel Funds

$184,718,326

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$163,301,045 $188,830,099

Transfer surplus personal services funds in the Local Road Assistance Administration program to the Routine Maintenance program for operating expenses.

$8,152,802 $8,152,802

Provide funds for operating expenses ($12,180,000) and contractual services ($1,084,479) in the Routine Maintenance program.

$13,264,479 $13,264,479

Amount appropriated in this Act

$184,718,326 $210,247,380

48.13. Traffic Management and Control Purpose: The purpose of this appropriation is to ensure a safe and efficient transportation

FRIDAY, FEBRUARY 3, 2012

539

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 and Construction

$35,670,542

Other Funds

$4,026,240

Agency Funds

$4,026,240

State Funds

$19,640,861

Motor Fuel Funds

$19,640,861

48.14. Transit

Purpose: The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds

$34,250,639

Federal Funds and Grants

$31,324,367

Federal Funds Not Specifically Identified

$31,324,367

Other Funds

$6,000

Agency Funds

$6,000

State Funds

$2,920,272

State General Funds

$2,920,272

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,376,525 $34,706,892

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$24,199

$24,199

Reduce contract funds for transit metropolitan planning.

($80,452)

($80,452)

Reduce grant funds to large urbanized area transit systems.

($400,000) ($400,000)

Amount appropriated in this Act

$2,920,272 $34,250,639

The following appropriations are for agencies attached for administrative purposes.

48.15. Payments to State Road and Tollway Authority
Purpose: The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to

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capitalize the Community Improvement District Congestion Relief Fund.

Total Funds

$243,293,398

Federal Funds and Grants

$148,156,201

Federal Highway Administration Highway Planning and Construction

$148,156,201

Other Funds

$9,206,653

Other Funds - Not Specifically Identified

$9,206,653

State Funds

$85,930,544

Motor Fuel Funds

$85,930,544

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$86,745,811 $234,902,012

Transfer funds from the Payments to State Road and Tollway Authority program to the Capital Construction Projects program for capital outlay projects.

($815,267) ($815,267)

Provide $9,206,653 in prior-year motor fuel funds to the State Road and Tollway Authority.

$0 $9,206,653

Amount appropriated in this Act

$85,930,544 $243,293,398

Section 49: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$38,489,182 $18,173,897 $18,173,897 $20,315,285 $20,315,285

49.1. Administration

Purpose: The purpose of this appropriation is to coordinate, manage, and supervise all aspects of department operations to include financial, public information, personnel, accounting, purchasing, supply, mail, records management, and information technology.

Total Funds

$1,367,900

State Funds

$1,367,900

State General Funds

$1,367,900

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,283,421 $1,283,421

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541

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses.
Reduce funds for contractual services.
Transfer $21,268 from the Georgia War Veterans Nursing Home-Milledgeville program for rental expenses.
Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Administration program for telecommunication expenses.
Amount appropriated in this Act

$19,107

$19,107

$38,404 ($1,200) $21,268
$6,900

$38,404 ($1,200) $21,268
$6,900

$1,367,900 $1,367,900

49.2. Georgia Veterans Memorial Cemetery

Purpose: The purpose of this appropriation is to provide for the interment of eligible Georgia veterans who served faithfully and honorably in the military service of our country.

Total Funds

$653,386

Federal Funds and Grants

$135,630

Federal Funds Not Specifically Identified

$135,630

State Funds

$517,756

State General Funds

$517,756

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$562,906

$598,606

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$10,607

$10,607

Reflect an adjustment in telecommunications expenses.

$4,800

$4,800

Replace state funds with increased federal payment for

($99,930)

$0

veteran burials.

Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Georgia Veterans Memorial Cemetery program for energy expenses and personal services.

$35,898

$35,898

Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Georgia Veterans Memorial Cemetery program for telecommunications expenses.

$3,475

$3,475

Amount appropriated in this Act

$517,756

$653,386

49.3. Georgia War Veterans Nursing Home - Augusta Purpose: The purpose of this appropriation is to provide skilled nursing care to aged and

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infirmed Georgia Veterans and serve as a teaching facility for the Medical College of Georgia.

Total Funds

$10,292,459

Federal Funds and Grants

$5,271,220

Federal Funds Not Specifically Identified

$5,271,220

State Funds

$5,021,239

State General Funds

$5,021,239

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,178,767 $10,466,698

Reduce funds due to reduced average daily patient census.

($107,653) ($124,364)

Transfer funds from Georgia War Veterans Nursing HomeAugusta program to the Administration program ($6,900), Georgia Veterans Memorial Cemetery program ($3,475), and Veterans Benefits program ($39,500).

($49,875)

($49,875)

Amount appropriated in this Act

$5,021,239 $10,292,459

49.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

Total Funds

$15,949,785

Federal Funds and Grants

$8,143,607

Federal Funds Not Specifically Identified

$8,143,607

State Funds

$7,806,178

State General Funds

$7,806,178

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$8,064,293 $16,295,275

Reduce funds due to reduced average daily patient census.

($200,949) ($288,324)

Transfer funds from Georgia War Veterans Nursing HomeMilledgeville program to the Administration program ($21,268) and Georgia Veterans Memorial Cemetery program ($35,898).

($57,166)

($57,166)

Amount appropriated in this Act

$7,806,178 $15,949,785

49.5. Veterans Benefits
Purpose: The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans' benefits by informing the veterans and

FRIDAY, FEBRUARY 3, 2012

543

their families about veterans' benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$10,225,652

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

State Funds

$5,602,212

State General Funds

$5,602,212

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,447,207 $10,070,647

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$79,703

$79,703

Reflect an adjustment in telecommunications expenses.

$36,802

$36,802

Reduce funds for contractual services.

($1,000)

($1,000)

Transfer $39,500 from the Georgia War Veterans Nursing Home-Augusta program for telecommunications expenses in Veterans Benefits.

$39,500

$39,500

Amount appropriated in this Act

$5,602,212 $10,225,652

Section 50: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds State Funds State General Funds

$22,290,852 $523,832 $523,832
$21,767,020 $21,767,020

50.1. 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

$11,592,018

Other Funds

$458,353

Agency Funds

$458,353

State Funds

$11,133,665

State General Funds

$11,133,665

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.
Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

State Funds $10,891,055
$186,110

Total Funds $11,349,408
$186,110

$56,500

$56,500

$11,133,665 $11,592,018

50.2. 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

$10,698,834

Other Funds

$65,479

Agency Funds

$65,479

State Funds

$10,633,355

State General Funds

$10,633,355

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$10,569,815 $10,635,294

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012.

$32,046

$32,046

Reflect an adjustment in telecommunications expenses.

$31,494

$31,494

Amount appropriated in this Act

$10,633,355 $10,698,834

Section 51: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds
51.1. GO Bonds Issued Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified

$991,302,818 $11,353,993 $11,353,993 $979,948,825 $193,634,596 $786,314,229
$922,474,722 $11,353,993 $11,353,993

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545

State Funds

$911,120,729

Motor Fuel Funds

$193,634,596

State General Funds

$717,486,133

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$996,364,333 $1,007,718,326

Reduce debt service to capture savings associated with favorable rates received with the bond sale.

($85,243,604) ($85,243,604)

Increase funds.

$0

$0

Amount appropriated in this Act

$911,120,729 $922,474,722

51.2. GO Bonds New

Total Funds

$68,828,096

State Funds

$68,828,096

State General Funds

$68,828,096

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$68,828,096 $68,828,096

Transfer the authorization of $3,000,000 in 5-year bonds from the Department of Economic Development for the Georgia Research Alliance, to the Board of Regents, University System of Georgia for equipment, research, and development infrastructure.

$0

$0

Amount appropriated in this Act

$68,828,096 $68,828,096

Bond Financing Appropriated:
[Bond # 1] From State General Funds, $4,398,764 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 $44,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 2] From State General Funds, $2,175,454 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 $21,820,000 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 # 3] From State General Funds, $11,829,405 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 $118,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 4] From State General Funds, $131,105 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 $1,315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 5] From State General Funds, $2,054,745 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,895,000 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, $997,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 7] From State General Funds, $177,620 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 8] From State General Funds, $3,280,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 9] From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 10] From State General Funds, $278,200 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 $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have

FRIDAY, FEBRUARY 3, 2012

547

maturities not in excess of two hundred and forty months.
[Bond # 11] From State General Funds, $359,520 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 $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 12] From State General Funds, $1,412,400 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 $16,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 13] From State General Funds, $3,852,000 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 $45,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 14] From State General Funds, $650,560 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 15] From State General Funds, $1,540,800 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 $18,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 16] From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 17] From State General Funds, $1,797,600 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 $21,000,000 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, $667,680 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 $7,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 19] From State General Funds, $342,400 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 $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 # 20] From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 21] From State General Funds, $277,200 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 $1,200,000 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, $235,400 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 23] From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

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$3,000,000 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, $607,760 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 25] From State General Funds, $98,440 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 Twiggs County Public Library, for that library, through the issuance of not more than $1,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 26] From State General Funds, $856,000 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 # 27] From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 28] From State General Funds, $373,065 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 $1,615,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 29] From State General Funds, $401,940 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 $1,740,000 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, $679,140 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 $2,940,000 in

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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 31] From State General Funds, $467,804 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,465,000 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, $856,000 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 # 33] From State General Funds, $273,920 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 34] From State General Funds, $131,200 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 35] From State General Funds, $716,100 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 $3,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 36] From State General Funds, $85,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 37] From State General Funds, $2,310,000 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,

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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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 38] From State General Funds, $115,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 39] From State General Funds, $115,500 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 40] From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 41] From State General Funds, $342,400 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 $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 # 42] From State General Funds, $299,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 43] From State General Funds, $339,404 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,965,000 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, $173,250 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 # 45] From State General Funds, $33,495 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 $145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 46] From State General Funds, $97,020 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 $420,000 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, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 48] From State General Funds, $758,835 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 $3,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 49] From State General Funds, $361,232 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 50] From State General Funds, $27,720 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 $120,000 in

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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, $129,684 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 $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 # 52] From State General Funds, $85,600 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 $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 # 53] From State General Funds, $1,155,000 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 $5,000,000 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, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 55] From State General Funds, $739,200 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 $3,200,000 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, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 57] From State General Funds, $262,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Administrative Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 58] From State General Funds, $205,590 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 59] From State General Funds, $642,000 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 $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 # 60] From State General Funds, $115,500 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 61] From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 62] From State General Funds, $184,800 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 # 63] From State General Funds, $513,600 is specifically appropriated for the purpose of financing projects and facilities for the Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in

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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, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 65] From State General Funds, $94,160 is specifically appropriated to the Department of Agriculture for the purpose of financing projects and facilities for the Georgia Agricultural Exposition Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 66] From State General Funds, $2,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 67] From State General Funds, $1,968,800 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 68] From State General Funds, $513,600 is specifically appropriated for the Georgia Environmental Finance 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 69] From State General Funds, $1,776,200 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 70] From State General Funds, $513,600 is specifically appropriated for the Georgia Environmental Finance 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 71] From State General Funds, $2,739,200 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 $32,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 72] From State General Funds, $513,600 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 73] From State General Funds, $108,284 is specifically appropriated to the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 74] From State General Funds, $454,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 52: General Obligation Bonds Repealed, Revised, or Reinstated
The following paragraph of Section 51 of the General Appropriations Act for state fiscal year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 225, Act No. 223, 2011 Regular Session, H.B. 78), which reads as follows:
Economic Development, Department of 379.613 BOND: Georgia Research Alliance: $3,000,000 in principal for 5 years at 5%: Purchase equipment and fund R&D infrastructure. From State General Funds, $693,000 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

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is hereby amended to read as follows:
University System of Georgia, Board of Regents 379.613 BOND: Georgia Research Alliance: $3,000,000 in principal for 5 years at 5%: Purchase equipment and fund R&D infrastructure. From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.
Section 53: 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 54: Leases In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 55: Budgetary Control and Interpretation The appropriations of State Funds in this Act consist of the amount stated, for each line at the lowest level of detail, associated with the statement of Program Name and Program Purpose. The appropriations of Federal Funds and of Other Funds in this Act consist of the amount stated at the highest or summary level of detail associated with the statement of Program Name and Program Purpose, and the lower levels of detail are for information only. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds and Federal Funds, including in Other Funds without limitation all Intra-State Government Transfers. Regardless of placement on the page, both the highest or summary level of detail and the lower detail of appropriations of Intra-State Government Transfers will be deemed lower levels of detail of Other Funds, and the highest or summary

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amount will be deemed added to the highest or summary amount of the appropriation of Other Funds for the program. Notwithstanding their fund source character, the first sentence of this paragraph and not the second will apply to the prior year motor fuel funds reallocated according to the second, unlettered paragraph of Section 48. 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 51 are the authorizing paragraphs.
Section 56: Flex Except for the prior year motor fuel funds re-allocated according to the second, unlettered paragraph of Section 48 (notwithstanding their fund source character), and otherwise 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.
This paragraph applies to and only to the appropriations for the "Medicaid: Low-Income Medicaid" and "Medicaid: Aged, Blind, and Disabled" programs of the Department of Community Health. The appropriation of a particular State fund source for each program is the amount stated, and each program shall also be authorized up to an additional amount of 2 percent (2%) of the amount stated. However, if the additional authority is used, the appropriation of the same State fund source for the other program to that agency is reduced in the same amount, such that the stated total in program appropriations from that State fund source for the two programs is not exceeded. However, the additional amount must be from a State fund source which is lawfully available for the program to which it is added.
Section 2 This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3 All laws and parts of laws in conflict with this act are repealed.

FRIDAY, FEBRUARY 3, 2012

559

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 741, designating Representative O'Neal of the 146th as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 741 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The Committee substitute was adopted.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins

Y Davis E Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E

560

JOURNAL OF THE HOUSE

Y Cooke Y Coomer Y Cooper E Crawford

Y Harrell Y Hatchett Y Hatfield Y Heard

Y Marin Y Martin Y Maxwell Y Mayo

Y Rynders E Scott, M Y Scott, S
Setzler

Y Williams, R Y Williamson 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.

Representatives Benfield of the 85th, Mosby of the 90th, Setzler of the 35th, and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Byrd of the 20th, Hatfield of the 177th, and Spencer of the 180th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

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

HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, FEBRUARY 3, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

None

Pursuant to Rule 33.3, debate shall be limited to no longer than one hour. Time to be allocated at the discretion of the Speaker.

FRIDAY, FEBRUARY 3, 2012

561

Structured Rule

HB 829

State house districts; boundaries of certain districts; revise (Substitute)(L&CR-Lane-167th)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

HB 829. By Representative Lane of the 167th:

A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL TO BE ENTITLED AN ACT

To amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to provide for delayed applicability under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), is amended by amending the plan attached thereto and identified as "Plan: HSEPROP1 Plan Type: HOUSE Administrator: H167 User: STAFF" by revising the description of Districts 9, 10, 18, 24, 26, 27, 28, 29, 30, 68, 98, 103, and 104 as follows:

562

JOURNAL OF THE HOUSE

"District 009 Dawson County VTD: 08501 - AMICALOLA 970100: 1036 1037 1038 1039 1040 1061 1062 1063 1064 1065 1066 1067 1069 1070 1071 1072 1073 1074 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1094 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1142 1154 1160 1180 1189 2000 2001 2002 2003 2004 2005 2006 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 VTD: 08502 - BLACKS VTD: 08503 - DAWSONVILLE VTD: 08504 - KILOUGH VTD: 08505 - PURDYS VTD: 08506 - SANFORD VTD: 08507 - ETOWAH VTD: 08508 - SAVANNAH Forsyth County VTD: 11709 - 09 Matt 130201: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3000 3001 3002 3003 3004 3005 3010 130203: 1011 1014 1015 Lumpkin County
District 010 Habersham County VTD: 13701 - CLARKESVILLE VTD: 13702 - CORNELIA VTD: 13703 - DEMOREST VTD: 13705 - MUD CREEK VTD: 13707 - DEEP CREEK 000100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1014 1016 2044 2045 2046 2047 2048 2049 2050 2059 2084 2085 2086 2088 2092 2097 VTD: 13708 - FORK VTD: 13709 - BALDWIN VTD: 13710 - VIEW

FRIDAY, FEBRUARY 3, 2012

563

VTD: 13711 - FALLING WATER VTD: 13712 - BATESVILLE VTD: 13713 - FAIR PLAY VTD: 13714 - COOL SPRINGS White County VTD: 311011 - BLUE CREEK VTD: 311041 - MOSSY CREEK VTD: 311051 - MT YONAH VTD: 311061 - NACOOCHEE VTD: 311081 - SHOAL CREEK 950201: 1007 1021 1022 1023 1024 1025 1026 1028 1029 1030 1031 1032 1033 1034 1045 1047 1048 1052 1053 1054 1055 1056 1057 1058 1066 1068 3026 3028 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3049 VTD: 311111 - WHITE CREEK"
"District 018 Carroll County VTD: 0451006 - KANSAS VTD: 0451240 - MT ZION VTD: 0451496 - BOWDON JUNCTION VTD: 045501 - BETHANY 910701: 1005 1006 1007 1010 1014 1015 1018 1022 1023 1030 1034 1052 1053 1054 1073 1074 1075 2000 2001 2003 2005 2006 2012 2014 2015 2016 2017 2019 2020 2026 2027 2034 3021 3022 3023 910703: 4000 4002 4003 4004 4005 4006 4007 4008 4009 4017 4027 4030 4031 4038 4039 4040 4041 4045 VTD: 045714A1 - WEST CARROLLTON VTD: 045714A2 - EAST CARROLLTON VTD: 045714A3 - BONNER 910701: 1016 1017 1019 1020 1021 1024 1025 1026 1027 1028 1029 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1055 1056 1057 1058 1060 1061 1076 2035 2036 2037 2038 2039 2040 2047 2048 2049 2050 2052 2053 911000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2013 2014 2015 2017 2018 2019 2020 2021 2023 2045 2046 2053 2054

564

JOURNAL OF THE HOUSE

2092 3000 3001 3002 3003 3004 3005 911100: 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5021 5031 VTD: 045714A5 - COUNTY ADMIN BUILDING VTD: 045714BN - EMC VTD: 045714BS - AGRICULTURAL ED 911000: 2009 2012 2016 2022 2024 2025 2026 2027 2044 2052 3006 3007 VTD: 045716 - NEW HOPE Haralson County VTD: 14302 - BREMEN VTD: 14303 - BUCHANAN VTD: 14304 - BUNCOMBE VTD: 14310 - SEVENTH VTD: 14311 - BEREA-STEADMAN VTD: 14312 - TALLAPOOSA VTD: 14313 - WACO"
"District 024 Forsyth County VTD: 11705 - 05 Coal Mountain 130202: 1000 1001 1002 1003 1004 3000 3001 3002 3003 3004 3005 3006 3007 130403: 3007 3008 VTD: 11707 - 07 Cumming VTD: 11709 - 09 Matt 130201: 3006 3007 3008 3009 130202: 1005 1006 130203: 2009 2010 2011 2012 130301: 2000 2001 2002 2003 2004 2005 2006 2011 2012 2013 2014 2015 2016 2017 2018 130403: 4000 4001 4002 4007 VTD: 11710 - 10 MIDWAY VTD: 11711 - 11 SAWNEE VTD: 11715 - 15 Heardsville

FRIDAY, FEBRUARY 3, 2012

565

VTD: 11716 - 16 OTWELL VTD: 11720 - 20 PINEY GROVE 130406: 1000 2000 2001 3015 3016 3017 3018 VTD: 11723 - 23 BENTLEY VTD: 11728 - 28 MOUNTAINSIDE 130205: 3004 130403: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3004 3005 3014 130409: 2014 2016 2017 2018 2019 2020 2022 2036 VTD: 11729 - 29 POLO 130304: 2000 2005 130306: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 2000 2001 2002 2012 VTD: 11732 - 32 WEST"
"District 026 Forsyth County VTD: 11703 - 03 Chattahoochee VTD: 11704 - 04 Chestatee VTD: 11705 - 05 Coal Mountain 130101: 1008 130202: 1007 2007 2008 2009 2010 2011 2012 2013 130205: 1000 1001 1002 1007 1008 1009 2005 2006 2008 2009 2010 2011 2012 2013 2014 2017 3000 3001 VTD: 11706 - 06 Crossroads VTD: 11708 - 08 Mashburn VTD: 11712 - 12 PLEASANT GROVE VTD: 11714 - 14 LAKELAND 130507: 1007 1008 130508: 2000 2001 2003 130509: 1027

566

JOURNAL OF THE HOUSE

VTD: 11725 - 25 WINDERMERE VTD: 11726 - 26 LANIER VTD: 11727 - 27 CONCORD VTD: 11728 - 28 MOUNTAINSIDE 130205: 1004 1005 1006 3002 3003 3005 130403: 3000 3001 3002 3003 130409: 2000 2001 2002 2003 2004 2005 2006 2007 2013 130506: 2004 VTD: 11730 - 30 RIVERCLUB VTD: 11733 - 33 KEITH BRIDGE
District 027 Hall County VTD: 139015 - TADMORE 000102: 2059 2060 000701: 1000 1001 1002 1003 1004 1013 1014 1015 1016 1017 1018 1019 1020 000702: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 VTD: 139016 - GLADE VTD: 139017 - LULA VTD: 139018 - CLERMONT VTD: 139019 - QUILLIANS VTD: 139020 - BARK CAMP VTD: 139021 - MURRAYVILLE VTD: 139022 - CHESTATEE VTD: 139023 - FORK VTD: 139024 - WHELCHEL VTD: 139028 - GAINESVILLE III 000400: 1035 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 2028 2036 2037 2038 2039 2040 2041 001004: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

FRIDAY, FEBRUARY 3, 2012

567

1012 1013 1014 1016 1017 1018 1019 1020 1025 1030 1031 1032 1034 1035 VTD: 139034 - GILLSVILLE VTD: 139035 - BIG HICKORY White County VTD: 311081 - SHOAL CREEK 950201: 1027 1051 1059 1060 1061 1062 1063 1064 1065 1067 1069 1070 1071 1072 1073 3048 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3094
District 028 Banks County Habersham County VTD: 13704 - CENTER HILL VTD: 13706 - GLADE CREEK VTD: 13707 - DEEP CREEK 000100: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2040 2041 2042 2051 2052 2053 2054 2055 2056 2057 2058 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2087 2089 2090 2091 2093 2094 2095 2096 2103 2104 2105 2106 2109 2113 2114 2115 2116 2117 2118 2119 2120 2122 2123 2124 2125 2126 Stephens County
District 029 Hall County VTD: 139001 - WILSON I VTD: 139002 - WILSON II 000302: 3020 3022 4028 001002: 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 001004: 1036 1037 1038 1039 1040 1041 1043 1044 1045 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060

568

JOURNAL OF THE HOUSE

VTD: 139003 - CHICOPEE 001101: 2067 001102: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 001403: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1056 1057 1058 1059 1060 1061 1062 2008 2025 2026 2069 2070 2071 2072 VTD: 139025 - WEST WHELCHEL VTD: 139026 - GAINESVILLE I VTD: 139027 - GAINESVILLE II VTD: 139028 - GAINESVILLE III 000400: 2022 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 000900: 3018 3019 3023 3024 3025 3026 3027 3028 3029 3030 3031 4014 4015 4016 4017 4018 4019 001003: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 001004: 1015 1021 1022 1023 1024 1026 1027 1028 1029 1033 1042 1047 001101: 1028 1067 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2061 2062

FRIDAY, FEBRUARY 3, 2012

569

2063 2064 2065 2066 2068 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 001102: 1000 1001 1002 1003 VTD: 139029 - GAINESVILLE IV VTD: 139030 - GAINESVILLE V VTD: 139031 - RIVERBEND VTD: 139033 - NEW HOLLAND VTD: 139039 - WHELCHEL II
District 030 Hall County VTD: 139002 - WILSON II 001002: 2017 2018 2019 2020 2021 2022 2023 2024 2025 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 VTD: 139003 - CHICOPEE 001102: 1031 1032 1035 1036 1038 1057 001301: 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3058 3059 3062 3071 3072 3073 3089 3090 3091 3092 3093 3094 001403: 2000 VTD: 139004 - OAKWOOD I VTD: 139005 - OAKWOOD II VTD: 139006 - OAKWOOD III VTD: 139007 - FLOWERY BRANCH VTD: 139008 - FLOWERY BRANCH VTD: 139009 - ROBERTS 001502: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059

570

JOURNAL OF THE HOUSE

1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 2008 2009 2010 2011 2012 2013 2014 2025 2026 2033 2039 001607: 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 2006 2007 2009 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2027 2028 2029 2030 2031 2032 2033 2035 2043 2047 VTD: 139011 - MORGAN II VTD: 139012 - MORGAN III VTD: 139013 - CANDLER VTD: 139014 - AGRICULTURE CENTER VTD: 139015 - TADMORE 000701: 1021 2035 2036 2037 2048 2049 2050 000702: 1010 1011 2014 2015 2016 2017 001201: 3061 001202: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2038 VTD: 139032 - GAINESVILLE MILL VTD: 139038 - FRIENDSHIP III"
"District 068 Carroll County VTD: 0451122 - SANDHILL VTD: 0451152 - CENTER POINT VTD: 0451540 - FAIRFIELD VTD: 0451542 - HULETT VTD: 045501 - BETHANY 910600: 1075 2000 910701: 1003 1004 1008 1009 1064 3012 3013 3014 3015 3016 3017 3018 3019 3020 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037

FRIDAY, FEBRUARY 3, 2012

571

910702: 3027 3033 3034 3035 3053 3058 910703: 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 VTD: 045640 - V R COUNTY SOUTH VTD: 045641 - V R COUNTY NORTH VTD: 045642 - VILLA RICA CITY VTD: 045649 - TEMPLE COUNTY VTD: 045650 - TEMPLE CITY VTD: 045714A3 - BONNER 910701: 1011 Douglas County VTD: 0971260 - FAIRPLAY M S"
"District 098 Gwinnett County VTD: 135009 - PUCKETTS A VTD: 135024 - SUGAR HILL A 050105: 2038 2044 3009 3010 3011 3012 3013 3014 3015 3016 3017 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 050106: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1058 1059 1060 1061 1063 2000 2001 2005 2012 2022 2047 2048 2049 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3032 3036 3037 3038 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4017 4018 VTD: 135025 - SUGAR HILL B VTD: 135054 - SUGAR HILL C VTD: 135055 - SUGAR HILL D VTD: 135102 - PUCKETTS B VTD: 135130 - SUWANEE D VTD: 135136 - HOG MOUNTAIN C 050208:

572

JOURNAL OF THE HOUSE

1000 2005 050605: 2009 2012 2013 2014 2015 3000 3001 3002 3003 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 VTD: 135141 - SUGAR HILL G VTD: 135160 - PUCKETTS E"
"District 103 Gwinnett County VTD: 135027 - HOG MOUNTAIN B 050547: 1000 050548: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 050605: 2029 VTD: 135135 - PUCKETTS C VTD: 135136 - HOG MOUNTAIN C 050605: 2016 2017 2027 2028 3004 3005 VTD: 135137 - ROCKYCREEK B VTD: 135154 - PUCKETTS D VTD: 135158 - HOG MOUNTAIN D VTD: 135159 - DUNCANS D Hall County VTD: 139009 - ROBERTS 001607: 1000 1001 1002 1009 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 2000 2001 2002 2003 2004 2005 2008 2010 2019 2020 2021 2024 2025 2026 2034 2036 2037 2038 2039 2040 2041 2042 2044 2045 2046 3002 3005 3006 3012 VTD: 139010 - MORGAN I VTD: 139036 - FRIENDSHIP I VTD: 139037 - FRIENDSHIP II
District 104 Gwinnett County VTD: 135001 - HARBINS A VTD: 135003 - DACULA VTD: 135008 - DUNCANS A

FRIDAY, FEBRUARY 3, 2012

573

VTD: 135027 - HOG MOUNTAIN B 050548: 1000 1001 1002 1003 1004 1005 1006 1020 1021 1024 1038 1047 050607: 1033 1051 1052 1053 1054 1055 2019 2020 2021 050608: 3037 3038 3039 3040 VTD: 135028 - ROCKYCREEK A VTD: 135060 - LAWRENCEVILLE D 050520: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 3000 3010 050523: 1001 1003 1004 1005 050545: 3016 3017 3018 3019 3020 3028 3029 050548: 1023 1030 1031 1036 1037 1039 1040 1045 1046 1048 1049 1050 1051 1052 VTD: 135129 - DUNCANS B VTD: 135133 - HARBINS B VTD: 135151 - HARBINS C VTD: 135152 - ROCKYCREEK C VTD: 135157 - DUNCANS C"
SECTION 3. If this Act has not received preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, by the time of the beginning of qualifying for the 2012 general primary, the provisions of this Act shall not become effective until the 2014 primaries and elections for the districts which are the subject of this Act.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL TO BE ENTITLED AN ACT

574

JOURNAL OF THE HOUSE

To amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to provide for delayed applicability under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), is amended by amending the plan attached thereto and identified as "Plan: HSEPROP1 Plan Type: HOUSE Administrator: H167 User: STAFF" by revising the description of Districts 9, 10, 18, 24, 26, 27, 28, 29, 30, 68, 98, 103, 104, 155, and 169 as follows:
"District 009 Dawson County VTD: 08501 - AMICALOLA 970100: 1036 1037 1038 1039 1040 1061 1062 1063 1064 1065 1066 1067 1069 1070 1071 1072 1073 1074 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1094 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1142 1154 1160 1180 1189 2000 2001 2002 2003 2004 2005 2006 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 VTD: 08502 - BLACKS VTD: 08503 - DAWSONVILLE VTD: 08504 - KILOUGH VTD: 08505 - PURDYS VTD: 08506 - SANFORD VTD: 08507 - ETOWAH VTD: 08508 - SAVANNAH Forsyth County VTD: 11709 - 09 Matt 130201: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3000 3001 3002 3003 3004 3005 3010 130203: 1011 1014 1015 Lumpkin County

FRIDAY, FEBRUARY 3, 2012

575

District 010 Habersham County VTD: 13701 - CLARKESVILLE VTD: 13702 - CORNELIA VTD: 13703 - DEMOREST VTD: 13705 - MUD CREEK VTD: 13707 - DEEP CREEK 000100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1014 1016 2044 2045 2046 2047 2048 2049 2050 2059 2084 2085 2086 2088 2092 2097 VTD: 13708 - FORK VTD: 13709 - BALDWIN VTD: 13710 - VIEW VTD: 13711 - FALLING WATER VTD: 13712 - BATESVILLE VTD: 13713 - FAIR PLAY VTD: 13714 - COOL SPRINGS White County VTD: 311011 - BLUE CREEK VTD: 311041 - MOSSY CREEK VTD: 311051 - MT YONAH VTD: 311061 - NACOOCHEE VTD: 311081 - SHOAL CREEK 950201: 1007 1021 1022 1023 1024 1025 1026 1028 1029 1030 1031 1032 1033 1034 1045 1047 1048 1052 1053 1054 1055 1056 1057 1058 1066 1068 3026 3028 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3049 VTD: 311111 - WHITE CREEK"
"District 018 Carroll County VTD: 0451006 - KANSAS VTD: 0451240 - MT ZION VTD: 0451496 - BOWDON JUNCTION VTD: 045501 - BETHANY 910701: 1005 1006 1007 1010 1014 1015 1018 1022 1023 1030 1034 1052 1053 1054 1073 1074 1075 2000 2001 2003 2005 2006 2012 2014 2015 2016 2017 2019 2020 2026 2027 2034 3021 3022 3023 910703: 4000 4002 4003 4004 4005 4006 4007 4008 4009 4017 4027 4030

576

JOURNAL OF THE HOUSE

4031 4038 4039 4040 4041 4045 VTD: 045714A1 - WEST CARROLLTON VTD: 045714A2 - EAST CARROLLTON VTD: 045714A3 - BONNER 910701: 1016 1017 1019 1020 1021 1024 1025 1026 1027 1028 1029 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1055 1056 1057 1058 1060 1061 1076 2035 2036 2037 2038 2039 2040 2047 2048 2049 2050 2052 2053 911000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2013 2014 2015 2017 2018 2019 2020 2021 2023 2045 2046 2053 2054 2092 3000 3001 3002 3003 3004 3005 911100: 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5021 5031 VTD: 045714A5 - COUNTY ADMIN BUILDING VTD: 045714BN - EMC VTD: 045714BS - AGRICULTURAL ED 911000: 2009 2012 2016 2022 2024 2025 2026 2027 2044 2052 3006 3007 VTD: 045716 - NEW HOPE Haralson County VTD: 14302 - BREMEN VTD: 14303 - BUCHANAN VTD: 14304 - BUNCOMBE VTD: 14310 - SEVENTH VTD: 14311 - BEREA-STEADMAN VTD: 14312 - TALLAPOOSA VTD: 14313 - WACO"
"District 024 Forsyth County VTD: 11705 - 05 Coal Mountain 130202: 1000 1001 1002 1003 1004 3000 3001 3002 3003 3004 3005 3006 3007 130403: 3007 3008 VTD: 11707 - 07 Cumming VTD: 11709 - 09 Matt

FRIDAY, FEBRUARY 3, 2012

577

130201: 3006 3007 3008 3009 130202: 1005 1006 130203: 2009 2010 2011 2012 130301: 2000 2001 2002 2003 2004 2005 2006 2011 2012 2013 2014 2015 2016 2017 2018 130403: 4000 4001 4002 4007 VTD: 11710 - 10 MIDWAY VTD: 11711 - 11 SAWNEE VTD: 11715 - 15 Heardsville VTD: 11716 - 16 OTWELL VTD: 11720 - 20 PINEY GROVE 130406: 1000 2000 2001 3015 3016 3017 3018 VTD: 11723 - 23 BENTLEY VTD: 11728 - 28 MOUNTAINSIDE 130205: 3004 130403: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3004 3005 3014 130409: 2014 2016 2017 2018 2019 2020 2022 2036 VTD: 11729 - 29 POLO 130304: 2000 2005 130306: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 2000 2001 2002 2012 VTD: 11732 - 32 WEST"
"District 026 Forsyth County VTD: 11703 - 03 Chattahoochee VTD: 11704 - 04 Chestatee VTD: 11705 - 05 Coal Mountain 130101: 1008 130202:

578

JOURNAL OF THE HOUSE

1007 2007 2008 2009 2010 2011 2012 2013 130205: 1000 1001 1002 1007 1008 1009 2005 2006 2008 2009 2010 2011 2012 2013 2014 2017 3000 3001 VTD: 11706 - 06 Crossroads VTD: 11708 - 08 Mashburn VTD: 11712 - 12 PLEASANT GROVE VTD: 11714 - 14 LAKELAND 130507: 1007 1008 130508: 2000 2001 2003 130509: 1027 VTD: 11725 - 25 WINDERMERE VTD: 11726 - 26 LANIER VTD: 11727 - 27 CONCORD VTD: 11728 - 28 MOUNTAINSIDE 130205: 1004 1005 1006 3002 3003 3005 130403: 3000 3001 3002 3003 130409: 2000 2001 2002 2003 2004 2005 2006 2007 2013 130506: 2004 VTD: 11730 - 30 RIVERCLUB VTD: 11733 - 33 KEITH BRIDGE
District 027 Hall County VTD: 139015 - TADMORE 000102: 2059 2060 000701: 1000 1001 1002 1003 1004 1013 1014 1015 1016 1017 1018 1019 1020 000702: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 VTD: 139016 - GLADE

FRIDAY, FEBRUARY 3, 2012

579

VTD: 139017 - LULA VTD: 139018 - CLERMONT VTD: 139019 - QUILLIANS VTD: 139020 - BARK CAMP VTD: 139021 - MURRAYVILLE VTD: 139022 - CHESTATEE VTD: 139023 - FORK VTD: 139024 - WHELCHEL VTD: 139028 - GAINESVILLE III 000400: 1035 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 2028 2036 2037 2038 2039 2040 2041 001004: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1025 1030 1031 1032 1034 1035 VTD: 139034 - GILLSVILLE VTD: 139035 - BIG HICKORY White County VTD: 311081 - SHOAL CREEK 950201: 1027 1051 1059 1060 1061 1062 1063 1064 1065 1067 1069 1070 1071 1072 1073 3048 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3094
District 028 Banks County Habersham County VTD: 13704 - CENTER HILL VTD: 13706 - GLADE CREEK VTD: 13707 - DEEP CREEK 000100: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2040 2041 2042 2051 2052 2053 2054 2055 2056 2057 2058 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2087 2089 2090 2091 2093 2094 2095 2096 2103 2104 2105 2106 2109 2113 2114 2115 2116 2117 2118 2119 2120 2122 2123 2124 2125 2126 Stephens County

580

JOURNAL OF THE HOUSE

District 029 Hall County VTD: 139001 - WILSON I VTD: 139002 - WILSON II 000302: 3020 3022 4028 001002: 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 001004: 1036 1037 1038 1039 1040 1041 1043 1044 1045 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 VTD: 139003 - CHICOPEE 001101: 2067 001102: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 001403: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1056 1057 1058 1059 1060 1061 1062 2008 2025 2026 2069 2070 2071 2072 VTD: 139025 - WEST WHELCHEL VTD: 139026 - GAINESVILLE I VTD: 139027 - GAINESVILLE II VTD: 139028 - GAINESVILLE III 000400: 2022 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 000900: 3018 3019 3023 3024 3025 3026 3027 3028 3029 3030 3031 4014 4015 4016 4017 4018 4019 001003: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

FRIDAY, FEBRUARY 3, 2012

581

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 001004: 1015 1021 1022 1023 1024 1026 1027 1028 1029 1033 1042 1047 001101: 1028 1067 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2061 2062 2063 2064 2065 2066 2068 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 001102: 1000 1001 1002 1003 VTD: 139029 - GAINESVILLE IV VTD: 139030 - GAINESVILLE V VTD: 139031 - RIVERBEND VTD: 139033 - NEW HOLLAND VTD: 139039 - WHELCHEL II
District 030 Hall County VTD: 139002 - WILSON II 001002: 2017 2018 2019 2020 2021 2022 2023 2024 2025 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 VTD: 139003 - CHICOPEE 001102: 1031 1032 1035 1036 1038 1057 001301: 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3058 3059 3062 3071 3072 3073 3089 3090 3091 3092 3093 3094 001403:

582

JOURNAL OF THE HOUSE

2000 VTD: 139004 - OAKWOOD I VTD: 139005 - OAKWOOD II VTD: 139006 - OAKWOOD III VTD: 139007 - FLOWERY BRANCH VTD: 139008 - FLOWERY BRANCH VTD: 139009 - ROBERTS 001502: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 2008 2009 2010 2011 2012 2013 2014 2025 2026 2033 2039 001607: 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 2006 2007 2009 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2027 2028 2029 2030 2031 2032 2033 2035 2043 2047 VTD: 139011 - MORGAN II VTD: 139012 - MORGAN III VTD: 139013 - CANDLER VTD: 139014 - AGRICULTURE CENTER VTD: 139015 - TADMORE 000701: 1021 2035 2036 2037 2048 2049 2050 000702: 1010 1011 2014 2015 2016 2017 001201: 3061 001202: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2038 VTD: 139032 - GAINESVILLE MILL VTD: 139038 - FRIENDSHIP III"

FRIDAY, FEBRUARY 3, 2012

583

"District 068 Carroll County VTD: 0451122 - SANDHILL VTD: 0451152 - CENTER POINT VTD: 0451540 - FAIRFIELD VTD: 0451542 - HULETT VTD: 045501 - BETHANY 910600: 1075 2000 910701: 1003 1004 1008 1009 1064 3012 3013 3014 3015 3016 3017 3018 3019 3020 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 910702: 3027 3033 3034 3035 3053 3058 910703: 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 VTD: 045640 - V R COUNTY SOUTH VTD: 045641 - V R COUNTY NORTH VTD: 045642 - VILLA RICA CITY VTD: 045649 - TEMPLE COUNTY VTD: 045650 - TEMPLE CITY VTD: 045714A3 - BONNER 910701: 1011 Douglas County VTD: 0971260 - FAIRPLAY M S"
"District 098 Gwinnett County VTD: 135009 - PUCKETTS A VTD: 135024 - SUGAR HILL A 050105: 2038 2044 3009 3010 3011 3012 3013 3014 3015 3016 3017 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 050106: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024

584

JOURNAL OF THE HOUSE

1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1058 1059 1060 1061 1063 2000 2001 2005 2012 2022 2047 2048 2049 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3032 3036 3037 3038 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4017 4018 VTD: 135025 - SUGAR HILL B VTD: 135054 - SUGAR HILL C VTD: 135055 - SUGAR HILL D VTD: 135102 - PUCKETTS B VTD: 135130 - SUWANEE D VTD: 135136 - HOG MOUNTAIN C 050208: 1000 2005 050605: 2009 2012 2013 2014 2015 3000 3001 3002 3003 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 VTD: 135141 - SUGAR HILL G VTD: 135160 - PUCKETTS E"
"District 103 Gwinnett County VTD: 135027 - HOG MOUNTAIN B 050547: 1000 050548: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 050605: 2029 VTD: 135135 - PUCKETTS C VTD: 135136 - HOG MOUNTAIN C 050605: 2016 2017 2027 2028 3004 3005 VTD: 135137 - ROCKYCREEK B VTD: 135154 - PUCKETTS D VTD: 135158 - HOG MOUNTAIN D VTD: 135159 - DUNCANS D Hall County VTD: 139009 - ROBERTS 001607: 1000 1001 1002 1009 1027 1029 1030 1031 1032 1033 1034 1035

FRIDAY, FEBRUARY 3, 2012

585

1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 2000 2001 2002 2003 2004 2005 2008 2010 2019 2020 2021 2024 2025 2026 2034 2036 2037 2038 2039 2040 2041 2042 2044 2045 2046 3002 3005 3006 3012 VTD: 139010 - MORGAN I VTD: 139036 - FRIENDSHIP I VTD: 139037 - FRIENDSHIP II
District 104 Gwinnett County VTD: 135001 - HARBINS A VTD: 135003 - DACULA VTD: 135008 - DUNCANS A VTD: 135027 - HOG MOUNTAIN B 050548: 1000 1001 1002 1003 1004 1005 1006 1020 1021 1024 1038 1047 050607: 1033 1051 1052 1053 1054 1055 2019 2020 2021 050608: 3037 3038 3039 3040 VTD: 135028 - ROCKYCREEK A VTD: 135060 - LAWRENCEVILLE D 050520: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 3000 3010 050523: 1001 1003 1004 1005 050545: 3016 3017 3018 3019 3020 3028 3029 050548: 1023 1030 1031 1036 1037 1039 1040 1045 1046 1048 1049 1050 1051 1052 VTD: 135129 - DUNCANS B VTD: 135133 - HARBINS B VTD: 135151 - HARBINS C VTD: 135152 - ROCKYCREEK C VTD: 135157 - DUNCANS C"
"District 155 Ben Hill County Coffee County VTD: 0692 - AMBROSE VTD: 0694 - BROXTON

586

JOURNAL OF THE HOUSE

010100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2095 2103 2104 2105 2106 2107 2108 3000 3001 3002 3003 3004 3018 3019 3032 3033 3035 3036 3040 3041 3042 3043 3044 3099 3100 010200: 2033 2034 2035 2036 2037 Irwin County Tift County VTD: 27702 - BRIGHTON VTD: 27704 - CHULA VTD: 27708 - TY TY VTD: 27709 - TIFTON NORTHWEST Turner County" "District 169 Bacon County Coffee County VTD: 0691 - DOUGLAS VTD: 0693 - BRIDGETOWN VTD: 0694 - BROXTON 010100: 2087 2088 2089 2090 2091 2092 2093 2094 2096 2097 2098 2099 2102 3017 3029 3030 3031 3034 3037 3038 3039 3045 3046 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097

FRIDAY, FEBRUARY 3, 2012

587

3098 3101 3102 3103 3104 010200: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1117 1118 1193 VTD: 0695 - NICHOLLS VTD: 0696 - WEST GREEN Jeff Davis County VTD: 161301 - BLACKBURN 1 VTD: 161302 - BLACKBURN 2 VTD: 161401 - WHITEHEAD 1 VTD: 161402 - WHITEHEAD 2"

SECTION 2. This section shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval. The remaining sections shall become effective upon receipt of preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; provided, however, that, if this Act has not received preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, by the time of the beginning of qualifying for the 2012 general primary, the remaining provisions of this Act shall not be effective for the primary and general elections of 2012 for the purpose of electing members of the House of Representatives who are to take office in 2013, but shall become effective on January 1, 2014, provided this Act has received preclearance as provided by law. If this Act has not received preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, by December 31, 2013, this Act shall stand automatically repealed by operation of law.

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

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson E Anderson N Ashe Y Atwood
Baker Y Battles

Y Davis E Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson N Dobbs Y Dollar E Drenner

N Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes
Holt Y Horne

Y McBrayer McCall
Y McKillip Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy

Shaw Y Sheldon Y Sims, B
Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T

588

JOURNAL OF THE HOUSE

E Beasley-Teague N Bell N Benfield Y Benton N Beverly Y Black Y Braddock Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper E Crawford

Y Dudgeon N Dukes Y Dunahoo Y Dutton
Ehrhart Y England N Epps, C Y Epps, J N Evans N Floyd N Fludd N Frazier N Fullerton N Gardner E Geisinger Y Golick N Gordon E Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield N Heard

Y Houston Y Howard N Hudson N Hugley N Jackson E Jacobs N James Y Jasperse Y Jerguson N Johnson Y Jones, J E Jones, S N Jordan N Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning N Marin Y Martin Y Maxwell N Mayo

Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent Y Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S Y Setzler

N Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson E Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT VACANT Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 101, nays 53.

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

Representative Holt of the 112th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Lane of the 167th asked unanimous consent that HB 829 be immediately transmitted to the Senate.

It was so ordered.

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

HR 1278. By Representatives Dickey of the 136th, James of the 135th, Hatchett of the 143rd, Holmes of the 125th and Powell of the 29th:

FRIDAY, FEBRUARY 3, 2012

589

A RESOLUTION commending the Georgia Peach Festival and inviting the 2011 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.
HR 1279. By Representative Parrish of the 156th:
A RESOLUTION expressing cultural, economic, and educational cooperation with the Republic of Hungary, recognizing February 18, 2012, as Hungary Day at the state capitol, and inviting Ambassador Gyrgy Szapry to be recognized by the House of Representatives; and for other purposes.
HR 1280. By Representative Parrish of the 156th:
A RESOLUTION recognizing February 9, 2012, as "Community Health Centers Day" and inviting the leadership of the Georgia Association for Primary Health Care to be recognized by the House of Representatives; and for other purposes.
HR 1281. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION recognizing February 7, 2012, as Columbus Day at the state capitol and inviting Mayor Teresa Tomlinson, Mr. Mike Gaymon, Mr. Jay Alexander, Mr. Isaiah Hugley, Ms. Cathy Williams, and Dr. Susan Andrews to be recognized by the House of Representatives; and for other purposes.
HR 1282. By Representatives Neal of the 1st and Weldon of the 3rd:
A RESOLUTION commending the Boynton Bandits for winning the 2011 Dizzy Dean World Series Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1283. By Representatives Howard of the 121st, Frazier of the 123rd, Stephens of the 161st, James of the 135th, Murphy of the 120th and others:
A RESOLUTION honoring and celebrating the 100th birthday of Deacon Sally Thomas; and for other purposes.
HR 1284. By Representatives Howard of the 121st, Frazier of the 123rd, Stephens of the 161st, James of the 135th, Murphy of the 120th and others:

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A RESOLUTION honoring and celebrating the 100th birthday of Jeanie V. Gray; and for other purposes.
HR 1285. By Representatives Howard of the 121st, Murphy of the 120th, Frazier of the 123rd, Sims of the 119th and Smith of the 122nd:
A RESOLUTION recognizing and commending Lieutenant Colonel Janet A. Zimmerman; and for other purposes.
HR 1286. By Representatives Howard of the 121st, Frazier of the 123rd, Sims of the 119th, Smith of the 122nd and Murphy of the 120th:
A RESOLUTION honoring the life and memory of Mrs. Addie Scott Powell; and for other purposes.
HR 1287. By Representatives Roberts of the 154th, England of the 108th, Coleman of the 97th, Burns of the 157th, Houston of the 170th and others:
A RESOLUTION recognizing the American Association of Family and Consumer Sciences (AAFCS); and for other purposes.
HR 1288. By Representative Neal of the 1st:
A RESOLUTION commending Lauren Derryberry on her selection by the Georgia Art Education Association for Ridgeland High School; and for other purposes.
HR 1289. By Representative Neal of the 1st:
A RESOLUTION commending Brittany Cameron on her selection by the Georgia Art Education Association for Ridgeland High School; and for other purposes.
HR 1290. By Representative Neal of the 1st:
A RESOLUTION commending Chelsea Leigh Dennison on her selection by the Georgia Art Education Association for LaFayette High School; and for other purposes.

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591

HR 1291. By Representative Neal of the 1st:
A RESOLUTION commending Fallon Lee Larmon on her selection by the Georgia Art Education Association for LaFayette High School; and for other purposes.
HR 1292. By Representative Neal of the 1st:
A RESOLUTION commending A.J. Pettigrew on her selection by the Georgia Art Education Association for Gilbert Elementary School; and for other purposes.
HR 1293. By Representative Neal of the 1st:
A RESOLUTION commending Cora Brown on her selection by the Georgia Art Education Association for Gilbert Elementary School; and for other purposes.
HR 1294. By Representatives Carter of the 175th and Black of the 174th:
A RESOLUTION recognizing and commending Brother John W. Iverson, Sr., on the occasion of his 32nd anniversary with Southside Church of Christ; and for other purposes.
HR 1295. By Representative Benton of the 31st:
A RESOLUTION commending the contributions of senior Georgians and recognizing February 20 to February 26, 2012, as Senior Week at the capitol; and for other purposes.
HR 1296. By Representative Harden of the 147th:
A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Eli Tinsley, Jamie Fernandez, Wallace Mathis, Bub Denham, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes.
HR 1297. By Representatives Abrams of the 84th, Morgan of the 39th, Kaiser of the 59th, Clark of the 104th, Ashe of the 56th and others:
A RESOLUTION recognizing February 3, 2012, as "National Wear Red Day" at the state capitol; and for other purposes.

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HR 1298. By Representatives Atwood of the 179th and Lane of the 167th:
A RESOLUTION recognizing Edo Miller Park; and for other purposes.
HR 1299. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Wanda S. Ellison; and for other purposes.
HR 1300. By Representatives Dickey of the 136th and Holmes of the 125th:
A RESOLUTION commending Martin Magda, Monroe County High School's 2012 STAR Teacher; and for other purposes.
HR 1301. By Representatives Dickey of the 136th and Holmes of the 125th:
A RESOLUTION commending Lauren Maxwell, Monroe County High School's 2012 STAR Student; and for other purposes.
HR 1302. By Representative Welch of the 110th:
A RESOLUTION recognizing the second week in November as Kindness Week at the capitol; and for other purposes.
HR 1303. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Gregory Waters; and for other purposes.
HR 1304. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Tripp Fitzner; and for other purposes.
HR 1305. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Dustin Vernon; and for other purposes.
HR 1306. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant John Thrift; and for other purposes.

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593

HR 1307. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Neil Shah; and for other purposes.
HR 1308. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Bryant F. Lewis; and for other purposes.
HR 1309. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Dennis Jones; and for other purposes.
HR 1310. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Matt Henry; and for other purposes.
HR 1311. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Beau J. Gunn; and for other purposes.
HR 1312. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Maria W. Daniels; and for other purposes.
HR 1313. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Lynn Brinson; and for other purposes.
HR 1314. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Rev. Eugene Davis; and for other purposes.
HR 1315. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Kenneth W. Griffin; and for other purposes.

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HR 1316. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Michelle Hutchinson; and for other purposes.
HR 1317. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Angel Morris; and for other purposes.
HR 1318. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Tammy Wilkes; and for other purposes.
HR 1319. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Jennifer Anne M. Meadows; and for other purposes.
HR 1320. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Lois Clark; and for other purposes.
HR 1321. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Amy B. Carter; and for other purposes.
HR 1322. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Candler participant Jean Marie Cadle; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, February 6, 2012, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 1:00 o'clock, P.M., Monday, February 6, 2012.

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595

Representative Hall, Atlanta, Georgia

Monday, February 6, 2012

Fifteenth Legislative Day

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

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

E Abdul-Salaam Abrams Allison Amerson Anderson Atwood Baker
E Battles E Beasley-Teague E Bell E Benfield
Benton Beverly Black Braddock Brockway Brooks Bruce E Bryant Buckner Burns Byrd Carson Carter E Casas Channell Cheokas Clark, V Coleman Collins Cooke Coomer Cooper

Crawford Davis E Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs E Dollar E Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Fludd Frazier Gardner Geisinger Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell Hatchett Hatfield

Heard E Heckstall
Hembree E Henson
Hightower Hill Holcomb Holmes Holt Horne Houston Hugley Jackson E Jacobs James Jasperse Jerguson Johnson Jones, J E Jones, S Jordan Kaiser E Kendrick Kidd Knight Lane Lindsey Long Maddox, B Manning Marin Martin Maxwell

E Mayo McBrayer McCall McKillip Meadows
E Mitchell E Mosby
Murphy Neal, J Neal, Y Nimmer Nix E Oliver O'Neal Pak E Parent Parrish Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders Scott, M

Scott, S Setzler Shaw Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smith, T Spencer Stephens, M Stephens, R E Stephenson E Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Watson Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Ashe of the 56th, Clark of the 98th, Floyd of the 99th, Golick of the 34th, Howard of the 121st, Maddox of the 172nd, Morgan of the 39th, Morris of the 155th, Sims of the 169th, and Weldon of the 3rd.

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They wished to be recorded as present.
Prayer was offered by Dr. Randy M. Cheek, Pastor, Olive Springs Baptist Church, Marietta, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 891. By Representatives Jerguson of the 22nd, Peake of the 137th, Bryant of the 160th, Braddock of the 19th, Holt of the 112th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions under the "Employment Security Law," so as to define certain terms; to provide that a person which employs an employee for whom such contributions are being made under certain conditions shall be exempt from paying contributions in a certain amount; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Industrial Relations.
HB 892. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th:
A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3758), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 893. By Representative Harrell of the 106th:
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 solid waste management generally, so as to repeal provisions relating to authorization to enforce collection of taxes, fees, or assessments; to repeal a reserved Code section; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 894. By Representatives Black of the 174th, Carter of the 175th and Shaw of the 176th:
A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to consolidation of independent and county school systems, so as to provide for an election to dissolve an independent school system in the event that it becomes financially insolvent; to require a majority vote of the qualified voters in both the independent school district and the county school district; to provide that an election to dissolve by petition may not be held more often than every 36 months; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 895. By Representatives Carter of the 175th, Collins of the 27th, Hatchett of the 143rd, Purcell of the 159th, Davis of the 109th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation and the Sexual Offender Registration Review Board, respectively, so as to provide for more effective methods of gathering information relating to sexual offenders; to extend the powers and duties of the Georgia Bureau of Investigation; to provide for the transfer of personnel to the Georgia Bureau of Investigation; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 896. By Representatives Coleman of the 97th, Casas of the 103rd, Dudgeon of the 24th, Dickson of the 6th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 897. By Representatives Harden of the 28th, England of the 108th, Coomer of the 14th, Neal of the 1st, Powell of the 29th 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 extensively revise the Georgia Workforce Investment Board provisions; to authorize the board to promulgate rules and regulations; to add provisions relating to soft skills programs; to repeal provisions providing for the utilization of the Governor's discretionary funds; to repeal the Georgia Work Ready program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.

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HB 898. By Representatives Ehrhart of the 36th, Morris of the 155th and Harden of the 28th:
A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Georgia Merchant Acquirer Limited Purpose Bank Act"; to provide for definitions; to provide for organization and control of merchant acquirer limited purpose banks; to provide for the promulgation of rules and regulations; to prohibit certain fees; to provide for requirements for articles of incorporation by merchant acquirer limited purpose banks; to provide for minimum requirements to operate as a merchant acquirer limited purpose bank; to provide for permissible activities of a merchant acquirer limited purpose bank; to provide for enforcement of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 899. By Representatives Brockway of the 101st, Hamilton of the 23rd, Williamson of the 111th, Powell of the 29th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for the dates of nonpartisan elections; to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 900. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles, to help prevent trailer theft by persons seeking to sell stolen trailers for scrap metal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 901. By Representatives Weldon of the 3rd, Bryant of the 160th, Lane of the 167th, Harden of the 147th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to revise certain provisions relating to debt adjustment; to revise and provide for definitions; to exclude certain transactions from limitations on debt adjusting; to revise provisions relating to requirements for persons engaged in debt adjusting; to provide that debt adjusting shall not be considered the practice of law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HR 1277. By Representatives Neal of the 75th, Kaiser of the 59th, Clark of the 104th, Dudgeon of the 24th, Dawkins-Haigler of the 93rd and others:
A RESOLUTION creating the House Study Committee on Expulsion School Creation; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 916. By Representatives Knight of the 126th, England of the 108th, McCall of the 30th, Roberts of the 154th and Buckner of the 130th:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain qualifications and restrictions regarding covenants; to provide for exceptions; to provide for a definition; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1325. By Representatives Cheokas of the 134th, Davis of the 109th, Neal of the 1st, Powell of the 171st, Collins of the 27th and others:
A RESOLUTION urging the Congress of the United States to amend the Communications Act of 1934 and FCC rules so as to permit the use of "cellular jammers" to prevent illegal cell phone use in prison facilities; and for other purposes.
Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 6, 2012

601

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

HB 876 HB 878 HB 880 HB 882 HB 884 HB 886 HB 888 HB 890 SB 227 SB 319

HB 877 HB 879 HB 881 HB 883 HB 885 HB 887 HB 889 SB 225 SB 305

Representative Hamilton of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 728 Do Pass, by Substitute

Respectfully submitted, /s/ Hamilton of the 23rd
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 783 Do Pass, by Substitute HB 842 Do Pass

HB 833 Do Pass HB 847 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

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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 1133 Do Pass

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 6, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 832

Vidalia onion trademark; royalty and license fee not exceed a certain amount; eliminate requirement (A&CA-McCall-30th)

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

HR 1103 Deputy James D. Paugh Memorial Highway; Richmond County; dedicate (Trans-Sims-119th)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

MONDAY, FEBRUARY 6, 2012

603

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 783. By Representative Hatchett of the 143rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, is amended by striking subsections (a) and (b) of Section 1 of said Act and inserting in their place the following:
"(a) For purposes of electing members of the board of commissioners, Laurens County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: laurensccR-2012 Plan Type: Local Administrator: Laurens CC User: SE'.
(b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the

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Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Laurens County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Laurens County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."
SECTION 2. The Board of Commissioners of Laurens County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Commissioners of Laurens County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.
SECTION 3. It shall be the duty of the governing authority of Laurens County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
SECTION 4. The provisions of this section and Section 3 of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Laurens County shall become effective upon the approval of this Act by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

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605

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan: laurensccR-2012 Plan Type: Local Administrator: Laurens CC User: SE
District 001 Laurens County VTD: 17504 - CALHOUN PARK 950300: 2051 950400: 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4028 4029 4030 4031 4032 4033 4034 4035 950500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 3068 3080 3081 950800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 3001 3003 3016 3025 3026 3028 3030 3031 3034 3041 3042 3044 3045 3046 3051 3052 3061 3062 3063 3070 3071 3074 3096 3102 3103 3104 3111 3112 3113 3118 3120 3121 3123 3127 3147 3149 3158 3159 950900: 1000 1001 1002 1003 1004 1005 1006 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051

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2052 2053 2054 2055 2056 2057 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 951000: 5033 VTD: 17522 - WEST LAURENS 950500: 3057 3059 3060 3061 3062 3063 3064 3065 3066 3067 3073 3074 3075 3078 3079 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3130 3132 950800: 3002 3004 3005 3006 3007 3008 3009 3010 3014 3017 3018 3019 3020 3021 3022 3023 3024 3027 3029 3032 3033 3035 3036 3037 3038 3039 3040 3043 3047 3048 3049 3050 3053 3054 3055 3056 3057 3058 3059 3064 3065 3066 3067 3068 3069 3072 3077 3105 3106 3107 3108 3109 3116 3117 3119 3122 3124 3125 3126 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3148 3150 3151 3152 3153 3154 3155 3157 3160 3161 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4063 4065 4069 4076 4077 4078 951000: 2078 2081 3091
District 002 Laurens County VTD: 17508 - BURCH VTD: 17510 - CADWELL VTD: 17513 - HAMPTON MILL VTD: 17516 - RURAL FIRE STATION VTD: 17519 - REEDY SPRINGS VTD: 17522 - WEST LAURENS 950800: 3060 3073 3075 3076 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3097 3098 3099 3100 3101 3110 3114 3115 3156 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4061 4062 4064 4075

MONDAY, FEBRUARY 6, 2012

607

District 003 Laurens County VTD: 17503 - PINE FOREST VTD: 17505 - BETHSAIDA 950201: 1002 1006 1014 1015 1017 1018 1020 1022 1023 1055 1058 1059 1060 1061 1062 1071 1075 1077 1078 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2026 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2085 2088 2089 2090 2091 2092 2095 2096 2097 2098 2099 2100 950202: 1054 1066 1067 1068 1069 1070 1071 1072 1073 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2097 2098 950500: 2012 2013 2014 2015 2016 2017 2018 2019 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3058 3076 3098 3099 3100 3101 3102 3103 3104 3105 3128 3129 3131 VTD: 17512 - DUDLEY 950600: 1076 1080 1081 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1158 1159 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1221 1222 1223 1224 1225 1226 1227 1228 1232 1233 1234 1235 1236 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1259 VTD: 17514 - HARVARD 950600:

608

JOURNAL OF THE HOUSE

1041 1042 1043 1044 1045 1151 1152 1153 1154 1155 1156 1157 1161 1220 VTD: 17522 - WEST LAURENS 950500: 3069 3071 3072
District 004 Laurens County VTD: 17504 - CALHOUN PARK 950201: 2068 2069 2070 2071 2072 2073 2074 950300: 1029 1030 1033 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1076 1088 1089 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2052 950400: 1020 1021 1022 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3019 VTD: 17505 - BETHSAIDA 950100: 2100 2101 2109 2110 2111 950201: 2000 2001 2002 2003 2004 2005 2020 2021 2022 2023 2024 2025 2027 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2075 950202: 1046 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1075 2063 2066 2067 2068 2069 2070 2071 2072 2073 2074 2085 2099 2100 2101 2103 2104 2105 2106 2107 2108 2110 2111 2112 2113 2114 2115 2116 2118 950300: 1000 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1025 1026 1027 1028 1031 1032 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1054 1074 1075 1077 1078 1079 1080 1081 1082 1084 1086 951000: 6017 6020 6069 VTD: 17506 - BAILEY

MONDAY, FEBRUARY 6, 2012

609

VTD: 17507 - BUCKEYE 950100: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2042 2056 2059 2070 2078 2079 2080 2086 2092 2093 2094 2095 2096 2097 2098 2099 2108 2112 2115 950202: 2001 2002 2003 2007 2008 2009 950300: 1001 1003 1004 1020 1021 1022 VTD: 17509 - BURGAMY VTD: 17512 - DUDLEY 950600: 1015 1077 1079 1082 1083 1084 1085 1086 1087 1088 1089 1090 1254 1255 VTD: 17514 - HARVARD 950202: 1115 1118 950600: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1078 1149 1150 1160 1256 1257 1258 1260 VTD: 17521 - SMITH 950100: 2114 950300: 1023 1087 951000: 6006 6007 6015 6016 6021 6022 6023 6025 6026 6053 6054 6055 6056 6057 6058 6081
District 005 Laurens County VTD: 17507 - BUCKEYE 950100: 2000 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2071 2072 2073 2074 2075 2076 2077 2081 2082 2083

610

JOURNAL OF THE HOUSE

2084 2085 2087 2088 2089 2090 2091 2103 2104 2105 2107 2113 2116 2117 2118 2119 2120 2121 2122 VTD: 17511 - BREWTON VTD: 17517 - OCONEE VTD: 17520 - ROCKLEDGE VTD: 17521 - SMITH 950300: 1083 1085 1090 2053 950800: 3000 3011 3012 3013 3015 4000 4067 4068 4070 4073 950900: 1007 1008 951000: 2041 2042 2043 2044 2045 2046 2047 2048 2056 2082 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3092 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 6000 6001 6002 6003 6004 6005 6008 6009 6010 6011 6012 6013 6014 6018 6019 6024 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

MONDAY, FEBRUARY 6, 2012

611

HB 833. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County, approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 842. By Representatives Benfield of the 85th, Abrams of the 84th and Oliver of the 83rd:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to 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 847. By Representatives Maddox of the 172nd and Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), as amended, particularly by an Act approved July 20, 2001 (Ga. L. 2001, Ex. Sess. p. 654), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

612

JOURNAL OF THE HOUSE

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker E Battles E Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs E Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger
Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

E Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell E Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell
Morgan Y Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders
Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T
Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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

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

MONDAY, FEBRUARY 6, 2012

613

Pursuant to HR 1133, the House recognized the 4-H Clubs of Georgia and invited Mr. Dowdy White, Mr. Arch D. Smith, and the 2011-2012 4-H Leadership Team to be recognized by the House of Representatives.
Representative O'Neal of the 146th assumed the Chair.
Pursuant to HR 1324, the House honored the life and memory of Ashton Richard "Beebo" Bray and invited Quentin and Jana Bray to be recognized by the House of Representatives.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 165th and Hatfield of the 177th.
The Speaker assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives O`Neal of the 146th, Jordan of the 77th, and Holcomb of the 82nd.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1133. By Representatives Smith of the 131st, Jasperse of the 12th, Meadows of the 5th, England of the 108th, Sheldon of the 105th and others:
A RESOLUTION recognizing the 4-H Clubs of Georgia and inviting Mr. Dowdy White, Mr. Arch D. Smith, and the 2011-2012 4-H Leadership Team to be recognized by the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HB 832. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 2-14-132.1 of the Official Code of Georgia Annotated, relating to Vidalia onion trademark, royalty, and license fees, so as to eliminate the requirement that the royalty and license fee not exceed a certain amount; to repeal conflicting laws; and for other purposes.

614

JOURNAL OF THE HOUSE

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

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

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker E Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas N Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson Y Dobbs E Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell
Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R
Smith, T Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Teasley Y Thomas VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 148, nays 8.

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

Representative Smith of the 168th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 6, 2012

615

HR 1103. By Representatives Sims of the 119th, Murphy of the 120th and Howard of the 121st:

A RESOLUTION honoring the life of Deputy James D. Paugh and dedicating a road in his memory; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker E Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs E Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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

616

JOURNAL OF THE HOUSE

The Resolution, having received the requisite constitutional majority, was adopted.
Representative Martin of the 47th moved that the following Bill of the House be withdrawn from the Committee on Ways & Means and recommitted to the Committee on Judiciary:
HB 844. By Representatives Martin of the 47th, Willard of the 49th, Wilkinson of the 52nd and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 36-62-8 of the Official Code of Georgia Annotated, relating to obligations of an authority, use of proceeds, status as revenue obligations, subsequent series of bonds or notes, bond anticipation notes, interest rates, and issuance and validation, so as to provide for certain validation hearing appearance provisions; to provide that the confirmation and validation of bonds may include ancillary or related agreements or documents; to provide for procedures relating to an individual who desires to be party to the validation proceedings; to provide for related matters; to repeal conflicting law; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1323. By Representatives Ehrhart of the 36th and Rynders of the 152nd:
A RESOLUTION commending the staff and members of Sherwood Baptist Church on their overwhelming success on the film Courageous and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1324. By Representative Harden of the 28th:
A RESOLUTION honoring the life and memory of Ashton Richard "Beebo" Bray and inviting Quentin and Jana Bray to be recognized by the House of Representatives; and for other purposes.
HR 1326. By Representatives Houston of the 170th and Shaw of the 176th:
A RESOLUTION commending the Ashley Lane Family and inviting them to be recognized by the House of Representatives; and for other purposes.

MONDAY, FEBRUARY 6, 2012

617

HR 1327. By Representatives Taylor of the 55th, Epps of the 128th, Morgan of the 39th, Bruce of the 64th, Abrams of the 84th and others:
A RESOLUTION recognizing and commending Dr. Robert Michael Franklin and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1328. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mattie Harper Briscoe; and for other purposes.
HR 1329. By Representatives Long of the 61st, Taylor of the 55th, Abrams of the 84th, Ashe of the 56th and Lindsey of the 54th:
A RESOLUTION honoring the life and memory of Gail Denise Thomas; and for other purposes.
HR 1330. By Representatives Maxwell of the 17th and Braddock of the 19th:
A RESOLUTION commending Leadership Paulding 22; and for other purposes.
HR 1331. By Representatives Williams of the 165th, Gordon of the 162nd, Stephens of the 161st, Dawkins-Haigler of the 93rd and Stephenson of the 92nd:
A RESOLUTION honoring the life and memory of Ms. Jettie M. Adams; and for other purposes.
HR 1332. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION recognizing and commending Shari Dyon Perry; and for other purposes.
HR 1333. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION recognizing and commending Reverend James Richard Herring, Sr., on the occasion of his 21st pastoral anniversary; and for other purposes.

618

JOURNAL OF THE HOUSE

HR 1334. By Representatives Parrish of the 156th, Powell of the 29th, Channell of the 116th, Carter of the 175th, Buckner of the 130th and others:
A RESOLUTION commending the Georgia Rural Health Association and recognizing February 16, 2012, as Rural Health Day at the State Capitol; 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 1324 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1324. By Representative Harden of the 28th:
A RESOLUTION honoring the life and memory of Ashton Richard "Beebo" Bray and inviting Quentin and Jana Bray to be recognized by the House of Representatives; and for other purposes.
Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 7, 2012

619

Representative Hall, Atlanta, Georgia

Tuesday, February 7, 2012

Sixteenth Legislative Day

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 Atwood Baker Battles Beasley-Teague
E Bell Benfield Benton Beverly Black Braddock Brockway Brooks
E Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, V Coleman Collins Cooke

Coomer Crawford Davis Dawkins-Haigler Dempsey Dickerson E Dickey Dickson Dobbs E Dollar Drenner Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Fludd Frazier Fullerton Gardner Geisinger Golick Gordon Greene Hamilton Hanner Harbin Harden, B

Harden, M Harrell Hatchett Hatfield Heard E Heckstall Hightower Hill Holcomb Holmes Holt Horne Howard Hudson Hugley Jackson Jacobs James Jasperse Jerguson Jones, J E Jones, S Kendrick Kidd Knight Lindsey Maddox, B Maddox, G Manning Marin Martin

Maxwell McBrayer McCall McKillip Mitchell Morris Mosby Murphy Neal, J Neal, Y Nimmer Nix Oliver O'Neal Pak Parent Parrish Parsons Peake Powell, J Pruett Purcell Ramsey Reece E Rice Riley Roberts Rogers, C Rogers, T Rynders

Scott, S Setzler Shaw Sheldon Sims, B Smith, E Smith, L Smith, T Spencer Stephens, M Stephens, R E Stephenson E Talton Tankersley Taylor, D Taylor, T Teasley Thomas Watson Welch Weldon Wilkerson Wilkinson Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Bruce of the 64th, Cooper of the 41st, Dudgeon of the 24th, Hembree of the 67th, Houston of the 170th, Johnson of the 37th, Jordan of the 77th, Kaiser of the 59th, Lane of the 167th, Long of the 61st, Mayo of the 91st, Meadows of the 5th, Morgan of the 39th, Powell of the 29th, Scott of the 2nd, Sims of the 169th, Smith of the 129th, Smith of the 131st, Smyre of the 132nd, and Taylor of the 55th.

620

JOURNAL OF THE HOUSE

They wished to be recorded as present.
Prayer was offered by Pastor Randy Hughes, Mineral Bluff Baptist Church, Mineral Bluff, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
The following communication was received:
House of Representatives Coverdell Legislative Office Building
Room 509 Atlanta, Georgia 30334
I would like for my vote reflect NO in regards to HB 642.
Sincerely,
/s/ James Beverly Rep. James Beverly District 139

TUESDAY, FEBRUARY 7, 2012

621

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 902. By Representative Greene of the 149th:
A BILL to be entitled an Act to revise and restate the law relating to the Calhoun County Board of Education; to provide for the number of members of the board and the districts from which they are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal the amendment to the Constitution providing for the division of Calhoun County into five school districts and for the election of a seven-member board of education, which amendment was proposed by 1955 Senate Resolution No.20, Resolution Act No. 53 (Ga. L. 1955, p. 470), and was continued in force and effect by an Act approved March 18, 1986 (Ga. L. 1986, p. 3940); to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 903. By Representatives Greene of the 149th and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3570), so as to remove Clay County and Quitman County from membership in such authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 904. By Representatives Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Monroe County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 905. By Representatives Setzler of the 35th, Golick of the 34th, Cooper of the 41st, Dollar of the 45th, Teasley of the 38th and others:

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A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 906. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5502), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 907. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 4030), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 908. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), and by an Act approved May 5, 2005 (Ga. L. 2005, p. 3597), so as to change the description of the education districts for the Commerce Independent School District; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 909. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act establishing a system of public schools in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4007), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 910. By Representatives Maddox of the 127th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues of Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 911. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to amend an Act to provide for compensation for the judge of the state court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1987, p. 3723), so as to change the compensation for the judge of the State Court of Putnam County, the solicitor-general of the State Court of Putnam County, the clerk of the State Court of Putnam County, and the sheriff of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 912. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3973), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 913. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4565), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 914. By Representatives Sims of the 169th and Parsons of the 42nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal bills generally, so as to remove the requirement to request fiscal notes for bills expected to have a substantial impact upon anticipated revenues or expenditures from the Office of Planning and Budget; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 915. By Representatives Taylor of the 55th, Ashe of the 56th, Long of the 61st, Bruce of the 64th and Benfield of the 85th:
A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to provide that certain persons transporting scrap tires shall only be paid after delivery is complete; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 917. By Representatives Allison of the 8th, Fludd of the 66th, Harden of the 28th, Jasperse of the 12th, Mosby of the 90th and others:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a special license plate to promote prostate cancer awareness and research; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 918. By Representatives Allison of the 8th, Jerguson of the 22nd, Harden of the 28th, Dutton of the 166th, Cooke of the 18th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions regarding military, emergency management, and veterans affairs, so as to prohibit the state, any political subdivision of the state, any employee of the state or a political subdivision of the state, and any member of the Georgia National Guard or State Defense Force while on official state duty to assist any agency of or the

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armed forces of the United States in the execution of 50 U.S.C. Section 1541; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 919. By Representatives Martin of the 47th, Pruett of the 144th and Harden of the 28th:
A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to provide for a definition of "correctional long-term care facility"; to provide for an exemption for correctional long-term care facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 920. By Representatives Martin of the 47th, Lindsey of the 54th and Williamson of the 111th:
A BILL to be entitled an Act to amend Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the contents and form of the budget report, so as to require certain items to be included in the tax expenditure review; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 921. By Representatives Dickson of the 6th and Meadows of the 5th:
A BILL to be entitled an Act to amend an Act relative to the Murray County Board of Education, approved March 8, 1990 (Ga. L. 1990, p. 3668), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 922. By Representative Reece of the 11th:

A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 1335. By Representatives Holcomb of the 82nd, Frazier of the 123rd, Ashe of the 56th, Hugley of the 133rd, Parent of the 81st and others:

A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to authorize the creation of state charter schools; to authorize the State Board of Education to overturn a decision by a local board of education regarding the approval or denial of a local charter school; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Education.

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

HB 891 HB 893 HB 895 HB 897 HB 899 HB 901 HR 1277

HB 892 HB 894 HB 896 HB 898 HB 900 HB 916 HR 1325

Representative Burns of the 157th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

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Your Committee on Game, Fish and Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 875 Do Pass, by Substitute
Respectfully submitted, /s/ Burns of the 157th
Chairman
Representative Benton of the 31st District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 831 Do Pass
Respectfully submitted, /s/ Benton of the 31st
Chairman
Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 841 Do Pass
Respectfully submitted, /s/ Sims of the 169th
Chairman
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

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HR 1181 Do Pass HR 1281 Do Pass HR 1323 Do Pass

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 7, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 711 HR 1151

Evidence; privileges; change provisions (Substitute)(Judy-Lindsey-54th) Joint Human Trafficking Study Commission; create (Substitute)(JudyBrockway-101st)

Modified Structured Rule

HB 725 HB 760

Elections; selection and qualification of candidates and presidential electors; provisions (GAff-Hamilton-23rd) Elementary and secondary education; capital outlay funds replace exceptional growth program (Ed-Coleman-97th)

Structured Rule

HB 642 HB 805

Georgia Services Administration; create; revise several Titles (Substitute)(GAff-Collins-27th) State Personnel Administration; abolition; make conforming amendments and correct references (GAff-Collins-27th)

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

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Respectfully submitted, /s/ Meadows of the 5th
Chairman

Pursuant to HR 1181, the House commended Brianne Bielecki and invited her to be recognized by the House of Representatives.

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

HB 841. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th:

A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4124), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

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 Atwood Y Baker Y Battles Y Beasley-Teague E Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson E Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R
Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T

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631

E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell
Mayo

Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders
Scott, M Y Scott, S
Setzler

Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 156, nays 0.

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

Due to a mechanical malfunction, the vote of Representative Bruce of the 64th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

SB 363. By Senators Bulloch of the 11th and Golden of the 8th:

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4203), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 700. By Representatives Purcell of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 754. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 755. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Candler County, approved January 15, 1993 (Ga. L. 1993, p. 3529), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 756. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:

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633

A BILL to be entitled an Act to amend an Act to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), as amended, so as to provide that the local law provisions relating to the State Court of Putnam County shall be updated and consolidated; to provide for the furnishing of facilities for the court; to provide for terms of court; to provide for practice and procedure; to provide for the clerk of the court and for a court reporter; to provide for costs and for fines and bond amounts; to provide for the solicitor-general of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 757. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 363. By Senators Bulloch of the 11th and Golden of the 8th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4203), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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Pursuant to HR 1281, the House recognized February 7, 2012, as Columbus Day at the state capitol and invited Mayor Teresa Tomlinson, Mr. Mike Gaymon, Mr. Jay Alexander, Mr. Isaiah Hugley, Ms. Cathy Williams, and Dr. Susan Andrews to be recognized by the House of Representatives.
Pursuant to HR 1211, the House commended the Girl Scouts of the United States of America on the occasion of its 100th anniversary and recognized February 7, 2012, as Girl Scouts Day at the state capitol.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 89th, Knight of the 126th, Burns of the 157th, Hamilton of the 23rd, Amerson of the 9th, Dudgeon of the 24th, Welch of the 110th, Davis of the 109th, Baker of the 78th, Smith of the 70th, Horne of the 71st, and Purcell of the 159th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1181. By Representatives McCall of the 30th, Williamson of the 111th, Roberts of the 154th, Hudson of the 124th, England of the 108th and others:
A RESOLUTION commending Brianne Bielecki and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 1281. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION recognizing February 7, 2012, as Columbus Day at the state capitol and inviting Mayor Teresa Tomlinson, Mr. Mike Gaymon, Mr. Jay Alexander, Mr. Isaiah Hugley, Ms. Cathy Williams, and Dr. Susan Andrews to be recognized by the House of Representatives; and for other purposes.
HR 1323. By Representatives Ehrhart of the 36th and Rynders of the 152nd:
A RESOLUTION commending the staff and members of Sherwood Baptist Church on their overwhelming success on the film Courageous and inviting them to be recognized by the House of Representatives; and for other purposes.

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635

By order of the Committee on Rules, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Education:

HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others:

A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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

HB 760. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others:

A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds for elementary and secondary education, so as to replace the exceptional growth program with an expansion of the maximum entitlement level for regular capital outlay earnings; to increase requirements relating to the advance funding program; to eliminate requirements for a nonbinding referendum for a school closure; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson E Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre

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Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
VACANT Ralston, Speaker

On the passage of the Bill, the ayes were 167, nays 1.

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

Due to a mechanical malfunction, the vote of Representative Bruce of the 64th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 725. By Representatives Hamilton of the 23rd, Powell of the 171st, Sheldon of the 105th, Powell of the 29th, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to selection and qualification of candidates and presidential electors, so as to provide for reopening of qualifying periods under certain circumstances; to change certain provisions relating to filing notice of candidacy, nomination petition, and affidavit, payment of qualifying fee, pauper's affidavit and qualifying petition for exemption from qualifying fee, and military service; to change certain provisions relating to qualification of candidates for party nomination in a state or county primary, posting of list of all qualified candidates, filing of affidavit with political party by each qualifying candidate, and performance of military service does

TUESDAY, FEBRUARY 7, 2012

637

not create vacancy; to change certain provisions relating to reopening of qualification for office in the event of a candidate's death prior to a political party primary; 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 Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson E Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M
Harrell Y Hatchett Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long
Maddox, B Y Maddox, G
Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y
Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 163, nays 0.

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

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HR 1151. By Representatives Brockway of the 101st, Lindsey of the 54th, Sheldon of the 105th, Teasley of the 38th, Allison of the 8th and others:
A RESOLUTION creating the Joint Human Trafficking Study Commission; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Joint Human Trafficking Study Commission; and for other purposes.
WHEREAS, the State of Georgia is home to numerous victims of human trafficking which includes those who have been forced into labor and sexual servitude; and
WHEREAS, victims of human trafficking include both adults and children as well as citizens from Georgia, other states, and other countries; and
WHEREAS, according to U.S. State Department data, an estimated 600,000 to 820,000 men, women, and children are trafficked across international borders each year, and of those, approximately 80 percent are women and girls and up to 50 percent are minors; and
WHEREAS, studies have estimated that approximately 400 girls are sexually exploited each month in Georgia, with the average age of initial exploitation being 12 to 14 years of age; and
WHEREAS, the Federal Bureau of Investigation has named Atlanta as one of the 14 cities with the highest incidence of the use of children in prostitution; and
WHEREAS, the State of Georgia has significantly improved its criminal justice system response to the crime of human trafficking through the passage of HB 200 in the 2011 session of the General Assembly; and
WHEREAS, although the State of Georgia provides some services for child victims of sexual exploitation, a comprehensive system of services for all victims of human trafficking is needed to enable all individuals who have been forced into labor and sexual servitude to recover from this exploitation; and
WHEREAS, experts on human trafficking and victim services should evaluate models of victim services from other states to recommend an appropriate framework for the State of Georgia.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Human Trafficking Study Commission to be composed of 13 members. The Senate Committee on Assignments shall appoint three members of the Senate as members of the commission, one of whom shall be a member of the minority party, and shall designate one of such members as cochairperson. The Speaker of the House of Representatives shall appoint three members of the House of Representatives as members of the commission, one of whom shall be a member of the minority party, and shall designate one of such members as cochairperson. One member shall be a local police chief appointed by the Georgia Association of Chiefs of Police. One member shall be a district attorney appointed by the Prosecuting Attorneys' Council of the State of Georgia. One member shall be a juvenile court judge appointed by the Council of Juvenile Court Judges. One member shall be a superior court judge appointed by the Council of Superior Court Judges of Georgia. One member shall be a public defender appointed by the Georgia Public Defender Standards Council. One member shall be an individual with expertise in advocacy for children who are sexually exploited appointed by the Governor's Office for Children and Families. One member shall be an individual with expertise in advocacy for adult victims of human trafficking appointed by the Governor's Office for Children and Families. The cochairpersons shall call all meetings of the commission.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the commission deems necessary or appropriate. In conducting such study, the commission shall study current law and policy in Georgia and other states and shall elicit views from experts in the fields of child welfare, juvenile justice, social work, mental health, and public health as well as input from child victims and adult survivors of commercial sexual exploitation. The commission shall examine recent policy and social science reports on human trafficking, including, but not limited to, its effect on individuals and community safety. The commission shall review services that are currently available to this population in Georgia, as well as best practices for serving victims of human trafficking from other jurisdictions. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Members of the commission shall receive no compensation for their services on the commission, and they shall not be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2012, and a copy of the report shall be delivered to the Speaker of the House of Representatives and the Lieutenant Governor. The commission shall stand abolished on January 1, 2013.

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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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson
Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson E Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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

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

Representative Anderson of the 117th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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HB 642. By Representatives Collins of the 27th, Hamilton of the 23rd, England of the 108th, Meadows of the 5th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Titles 6, 12, 45, and 50 of the Official Code of Georgia Annotated, relating respectively to aviation, conservation and natural resources, public officers and employees, and state government, so as to provide for an extensive revision of the structure and functions of certain executive branch agencies; to create the Georgia Services Administration as a successor agency to the Department of Administrative Services; to amend numerous provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal specific laws; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to abolish the State Personnel Administration and transfer certain functions to the Department of Administrative Services and the commissioner of administrative services; to extensively revise certain provisions relating to personnel administration; to amend numerous other provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Chapter 20, relating to personnel administration, as follows:
"CHAPTER 20 ARTICLE 1
45-20-1. (a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit,

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free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will remove unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service of the State Personnel Administration as defined in this article, except as provided in Code Section 15-11-24.3. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be employees in the classified service so long as they remain in classified positions or as otherwise provided by law. It is further specifically the intent of the General Assembly that state government operate within a framework of consistent core personnel policies and practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices. (b) In order to achieve these purposes, it is the policy of the state that agencies treat all employees in accordance with the following principles:
(1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, disability, religious creed, or political affiliations. This 'fair treatment' principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws; (2) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial employment; (3) Providing equitable and adequate compensation based on merit, performance, job value, and competitiveness within applicable labor markets; (4) Training employees, as needed, to assure high quality performance and to provide work force skills needed to maintain and advance the state's goals and objectives; (5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and (6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office. (c) It shall be the responsibility of the State Personnel Administration Department of Administrative Services (DOAS) to perform the following functions: (1) Establish and maintain a state-wide system of pay ranges for all job classes; (2) Define job classes, establish associated minimum qualifications for those classes, and assign those classes to appropriate pay ranges;

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(3) Develop and maintain a common employment application form to be used by all applicants for state employment, which form may be supplemented as necessary by agencies in seeking information about agency job classes; (4) Serve as the central contact point for all potential employees in order to streamline state-wide recruiting for applicants, to provide for a state-wide applicant data base, to refer applicants to agencies, and make applicant data available to agencies for review and consideration; (5) Upon request, develop, validate, or develop and validate applicant screening devices being utilized by agencies; (6) Upon request, administer screening devices on behalf of agencies; Develop, validate, or administer applicant screening devices when requested by agencies and when funding for such activities can be accomplished on a cost recovery basis; (7) Make employment related training available to agencies and allow agencies the opportunity to provide input into the nature and scope of said training programs; (8)(5) In consultation with agencies, establish state-wide criteria for the implementation of rules and policies adopted by the State Personnel Board which agencies shall use in developing internal processes for classification, compensation, pay for performance, and performance management, including processes involved in defining job classes, establishing and applying associated minimum qualifications, assigning jobs to appropriate state-wide pay ranges, developing and applying applicant screening methods, and measuring worker effectiveness; (9)(6) Audit agencies' processes as referred to in paragraph (8)(5) of this subsection and report findings annually to the Governor and the General Assembly in conjunction with an annual report on the overall status of the state work force. The State Personnel Administration DOAS shall not be required to distribute copies of the findings or annual report referred to in this paragraph to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient; (10) Serve as consultant to agencies on work force planning and effective work force strategies, provide technical support assistance, and direct services to agencies as requested; and (11)(7) Maintain and make available to the public at large a state-wide central registry of employment vacancies and job announcements in state government as provided to the State Personnel Administration by agencies. (d) Subsection (c) of this Code section shall not apply to the legislative or judicial branches or to the board of regents. (e) Each agency shall develop an annual work force plan according to state-wide criteria and guidelines and shall provide a report of such plan annually to the State Personnel Administration for incorporation into the state-wide work force plan to be submitted to the Governor and the General Assembly a work force plan as a component of the strategic plan required by Code Section 45-12-177. (f) In the event agencies do not use a competitive civil service examination to fill some or all of their unclassified positions, it is expressly the intent of the General Assembly

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that appropriate consideration be given to veterans as defined under Article IV, Section III, Paragraph II of the Constitution of Georgia and Article 2 of Chapter 2 of this title in the filling of job vacancies in this state. Guidelines defining consideration practices shall be developed at the state level. Agencies shall specify agency policies and practices to implement appropriate consideration of military veterans in filling agency job vacancies. (g) The rules of statutory construction contained in Chapter 3 of Title 1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to this article.
45-20-2. As used in this chapter, the term:
(1) 'Appointing authority' means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions. (2) 'Classified service' means that employment status conferring rights of appeal, as set forth in Code Sections 45-20-8 and 45-20-9. 'Classified service' includes only those employees of state departments as defined in this Code section who were in the classified service as of June 30, 1996, and who have remained in classified positions without a break in service since that date. (3) 'Commissioner of personnel administration' and 'commissioner' mean the chief executive officer of the State Personnel Administration who is responsible for administering the state personnel program in accordance with applicable state and federal laws and the policies and rules of the State Personnel Board. (4)(2) 'Classified employee' means an employee who was in the classified service as of June 30, 1996, and who has remained in a classified position without a break in service since that date. (5)(3) 'Classified position' means a position that was held classified on status conferring rights of appeal, as set forth in Code Sections 45-20-8 and 45-20-9, as of June 30, 1996, and that subsequent to June 30, 1996, has not been held by an unclassified employee. (4) 'Classified service' means employment in a classified position. (5) 'Commissioner' means the commissioner of administrative services provided for by Code Section 50-5-1. (6) 'Department' and 'agency' are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities, public corporations, the legislative and judicial branches, and the board of regents. 'Department' and 'agency' shall also include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees. (7) 'Department of Administrative Services' or 'DOAS' means the department created by Code Section 50-5-1.

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(7)(8) 'Employment at will' means an employment relationship in which either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason. (8)(9) 'Position' means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person. (9)(10) 'Rules and regulations' and 'merit system rules and regulations' mean means the governing provisions of the State Personnel Administration, as adopted by the State Personnel Board and approved by the Governor which give force and effect to the policies of the State Personnel Board. (10)(11) 'State Personnel Board' and 'board' are synonymous and mean the body authorized by Article IV, Section III, Paragraph I of the Constitution of Georgia. (11)(12) 'State Personnel Board policies' means those policies adopted by the board and approved by the Governor which describe the goals and objectives of the state personnel program and serve as a basis for the formulation and administration of the merit system rules and regulations. (13) 'Unclassified employee' means an employee who is not a classified employee. (12)(14) 'Unclassified service' means employment at will and includes all employees except those in the classified service as defined in this Code section. (13)(15) 'Working test' or 'working test period' means a probationary period of employment in a classified position during which the employee must demonstrate to the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each promotion of a classified employee to a classified position. The commissioner may fix the length of the working test period for any job at not less than six months nor more than 18 months exclusive of any time in nonpay status; provided, however, that the length of the working test period for troopers of the Uniform Division of the Department of Public Safety shall be 18 months. (14)(16) 'Working test employee' or 'employee on working test' means a classified employee serving a working test period in the position in which he or she is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he or she had successfully completed a working test period shall retain appeal rights in the lower class until he or she successfully completes the working test period in the job to which he or she has been promoted.
45-20-3. (a)(1) The State Personnel Board shall prescribe the guidelines provide direction by which the state's personnel policies shall be administered. The state's personnel policies shall constitute a state merit system of personnel administration. The board shall hold regular meetings as needed for the proper discharge of its duties. (2) Members of the board shall receive no salary but shall receive the same expense allowance per day as that received by a member of the General Assembly for each

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day such member is attending meetings or performing official business for the board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance or official business. (3) Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the State Personnel Board, provided there is a quorum. (b) It shall be the specific duty and function of the State Personnel Board board: (1) To represent the public interest in the improvement of personnel administration in all state departments; (2) To determine appropriate human resource management goals and objectives and prescribe policies for their accomplishment; (3) At public hearings, to adopt and amend policies, rules, and regulations effectuating the State Personnel Administration and the state's merit system. personnel policies and practices subject to approval by the Governor. Notice of State Personnel Board board meetings shall be released to all departments and agencies and shall be prominently posted at the office of the State Personnel Administration DOAS at least ten days prior to each board meeting; (4) Where the board deems a review appropriate, to review adverse personnel actions for employees of the classified service, to ensure that a review is afforded on a dismissal and other adverse personnel actions defined by in accordance with the rules and regulations of the State Personnel Board. All appeals determinations of the board shall be written and documented as to findings of fact, bases for decisions, and prescribed remedies; (5) To assure the administration of state and federal laws relating to state personnel administration; and (6) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a component of the annual budget of the State Personnel Administration; and (7)(6) To promote public understanding of the purposes, policies, and practices of the State Personnel Administration state personnel system and to advise and assist the several state departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional, and other organizations in the improvement of personnel standards under the state's personnel system.
45-20-3.1. (a) At least 30 days prior to the date of a public hearing held by the board to consider the adoption of rules or regulations to effectuate this chapter, the State Personnel Board commissioner shall transmit a notice containing an exact copy of the proposed rule or regulation to each member of the State and Local Governmental Operations Senate Government Oversight Committee of the Senate and the House Committee on Governmental Affairs Committee of the House of Representatives. The notice shall provide a citation to the authority pursuant to which the proposed rule or regulation is

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to be adopted and, if it amends an existing rule or regulation, such existing rule or regulation shall be clearly identified. The notice shall also state the date, time, and place of the public hearing at which adoption of the proposed rule shall be considered. (b) If, prior to the date of the public hearing at which the proposed rule or regulation is to be considered for adoption, the chairman chairperson of either legislative committee specified in subsection (a) of this Code section notifies the commissioner of personnel administration and the State Personnel Board that the committee objects to the adoption of the proposed rule or regulation or has questions concerning the purpose, nature, or necessity of the proposed rule or regulation, it shall be the duty of the State Personnel Board commissioner to consult with the committee prior to the board's adoption of the proposed rule or regulation. (c) If the State Personnel Board commissioner finds that the immediate adoption of a rule or regulation is necessary to secure or protect the interests of the State Personnel Administration DOAS, such rule or regulation may be adopted by the board on an emergency basis without following the procedures required by subsections (a) and (b) of this Code section. In that event, the State Personnel Board commissioner shall adopt present a resolution to the board for adoption declaring the existence of an emergency and explaining the basis for such declaration as a condition necessary to adopt a rule or regulation on an emergency basis. Any rule or regulation adopted pursuant to the authority of this subsection shall expire in not more than 120 days immediately following its adoption, but the adoption of an identical rule pursuant to the requirements of this Code section shall not be precluded. (d) By not later than August 1, 1985, the State Personnel Board shall file with the Secretary of State a certified copy of all rules or regulations which were adopted by said board prior to July 1, 1985, and which are of force and effect on July 1, 1985, or which were adopted prior to July 1, 1985, to become effective after that date. Any rule or regulation adopted by the State Personnel Board prior to July 1, 1985, which is not filed with the Secretary of State by August 1, 1985, shall be void and of no force and effect after August 1, 1985. (e)(d) Each rule or regulation adopted by the State Personnel Board board on or after July 1, 1985, shall become effective upon approval by the Governor. The commissioner of personnel administration shall immediately file an original and two copies of the rule or regulation in the office of the Secretary of State. (f)(e) Rules or regulations filed with the Secretary of State pursuant to subsections (d) and (e) subsection (d) of this Code section shall contain a citation to the authority pursuant to which the rules or regulations are adopted and, when existing rules or regulations are amended, the filings required by said subsections (d) and (e) shall clearly identify the existing rules or regulations. The Secretary of State shall endorse on each filing required by subsections (d) and (e) of this Code section the time and date of the filing and shall maintain a file of the rules and regulations for public inspection. (g)(f) Rules and regulations filed with the Secretary of State pursuant to the requirements of subsections (d), (e), and (f) (d) and (e) of this Code section shall be

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published by the Secretary of State as a part of the rules of state agencies published by the Secretary of State pursuant to Code Section 50-13-7. (h)(g) The courts shall take judicial notice of any rule which has become effective pursuant to this chapter.
45-20-4. (a) There is created the position of commissioner of personnel administration. The commissioner shall be appointed by the Governor after consultation with the State Personnel Board subject to confirmation by the Senate. The Governor shall fix the compensation of the commissioner, who shall serve at the pleasure of the Governor. (b) The duties and responsibilities of the commissioner in the administration of this chapter shall be:
(1) To serve as executive secretary to the board, to attend meetings as directed by the board, and to provide such professional, technical, and other supportive assistance as may be required by the board in the performance of its duties; (2) Consistent with board policy, to administer the operations of the State Personnel Administration and to otherwise act in the capacity of chief executive officer of the state personnel administration program; (3)(2) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the State Personnel Administration board. Such rules and regulations when approved by the Governor shall have the force and effect of law and shall be binding upon the state departments covered by this article and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, appointments, promotions, transfers, demotions, appeals of classified employees, reports of performance, payroll certification, and other phases of personnel administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of this article and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include, but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges, or demotion because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years, or physical disability. Such rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by this article. Compensation plans and modifications thereto promulgated under the rules and regulations of the commissioner shall become effective as adopted upon approval of the director of the Office of Planning and Budget; (4)(3) To administer the adoption and compliance with rules and regulations and all other operational aspects of the State Personnel Administration and to assure compliance therewith of the board in all departments;

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(5)(4) To appoint and prescribe the duties of the merit system DOAS staff as necessary to carry out the duties of this chapter; (6)(5) To establish an annual budget covering all the administrative costs of operating the State Personnel Administration performing the duties and responsibilities in accordance with this chapter, including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating allocating the annual costs among the several departments covered served by the DOAS in accordance with this chapter, with the amounts and rates for such services to be established in each general or amended appropriations Act the State Personnel Administration, provided that upon approval of such budget by the Governor, the Governor shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for expenditure by the State Personnel Administration in the same manner as appropriated funds are expended by other departments of the state; (7)(6) To ensure compliance with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration, and related matters; and (8)(7) To cooperate with appointing authorities in the administration of this article in order to promote public service and establish conditions of service which will attract and retain employees of character and ability and to increase efficiency and economy in governmental departments by improving the methods of personnel administration with full recognition of the requirements and needs of management; and. (9) To appoint and prescribe the duties of a deputy commissioner of personnel administration who shall be the second highest executive officer in the State Personnel Administration and the deputy executive secretary to the State Personnel Board; and to appoint and prescribe the duties of such other assistant commissioners of personnel administration as the commissioner deems appropriate. The deputy commissioner and the assistant commissioners shall have the authority to perform any duty assigned to the commissioner if delegated to them by the commissioner.
45-20-5. (a) There is created the Council for State Personnel Administration. The objectives of the council shall be:
(1) To promote improvements in the personnel program in state government; (2) To provide a forum for the interchange of information relating to the state personnel program; (3) To serve as a channel through which the operating agencies may express their opinions on matters affecting state personnel; (4) To seek equitable interpretation and application of the laws, rules, regulations, policies, and procedures which affect state personnel management and administration; and

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(5) To strive for professional consensus consistent with the democratic process in all actions which it may undertake. (b) Membership in the council shall be as defined in the bylaws of the council. (c) The council is authorized to adopt bylaws which prescribe its organizational structure, officers and terms and conditions of office, meeting schedules, and such other organizational and operational procedures as are necessary for its lawful and effective functioning. As the professional association authorized to represent the interests of the several departments in the area of state personnel administration, the council shall through its offices have direct access to the board, the commissioner, the Governor, and the General Assembly to present grievances, suggestions, and recommendations. Reserved.
45-20-6. (a) The classified service as defined by Code Section 45-20-2 shall consist of only those employees who were in the classified service on June 30, 1996, and who have remained in a classified position without a break in service since that date. Any officer or employee who occupies occupied a classified position under the State Personnel Administration prior to July 1, 1996, or as provided in Code Section 15-11-24.3 shall remain in the classified service so long as such officer or employee shall remain in a classified position or as otherwise provided by law. Employees in the classified service shall have, upon completing a working test period, appeal rights as provided in Code Sections 45-20-8 and 45-20-9. (b) The unclassified service as defined by Code Section 45-20-2 shall consist of all employees in the departments of state government not included in the classified service under this article. Employees in the unclassified service shall be employees at will and shall not be afforded appeal rights Reserved. (c) Exclusion from the classified service shall not exclude any employee, officer, or official from eligibility for membership or membership in the Employees' Retirement System of Georgia, provided that such employee, officer, or official is otherwise eligible for membership under Chapter 2 of Title 47. (d) It is the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain rights of appeal and that the successful completion of this probationary period is part of the employment examination procedure. Each employee serving in a working test period shall be provided with management review by the appointing authority within ten calendar days of the date the employee has completed one-half of the working test period or as near to such date as is practicable. The management review shall include an evaluation of the employee's progress and recommendations, if any, for corrective action. The provision of management review pursuant to this subsection is solely for the purpose of promoting efficient management and employee development and shall not be interpreted as granting any additional rights to a working test employee. The State Personnel Board shall be responsible for adopting and amending rules and regulations

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establishing the guidelines to be used by the appointing authority in completing the management review pursuant to this subsection.
45-20-7. Reserved.
45-20-8. (a) Classified employees who have successfully completed a working test period may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board governing adverse actions and appeals for classified employees. (b) This article is not intended to create a property interest in the job, but rather to create only a procedure under which classified employees can be dismissed or otherwise adversely affected. The procedure adopted for dismissing a classified employee from employment or otherwise adversely affecting his or her compensation or employment status shall include, as a minimum, that the appointing authority must provide the classified employee with reasons for the action and an opportunity to file an appeal and request a hearing which may be held before either the board or an administrative law judge of the Office of State Administrative Hearings; provided, however, that the hearing may be held subsequent to the effective date of the dismissal or other purported adverse action; provided, further, that the right to appeal shall not apply when persons are dismissed or otherwise adversely affected as to compensation due to curtailment of funds or reduction in staff when such action is in accordance with the rules and regulations of the State Personnel Board. (c) No adverse action appealed to the State Personnel Board under the rules and regulations of the board, this article, or otherwise shall be considered invalid for failure to follow or comply with the rules and regulations of the board, this article, or any other requirement unless it is shown that the individual against whom the action has been taken has been substantially harmed by the procedural failure. (d) The decision of the board on an appeal as to whether a dismissal or other adverse action was in accordance with the rules and regulations prescribed by the State Personnel Board shall be binding upon the appointing authority. The board may modify the action of the appointing authority but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the board shall not limit the rights of the employee or the department to judicial review as to errors of law, and such decision shall be stayed pending other further appeal. (e) For purposes of this Code section and Code Section 45-20-9, administrative law judges appointed by the chief state administrative law judge pursuant to Article 2 of Chapter 13 of Title 50 are authorized to hold hearings and otherwise assist the State Personnel Board in the resolution of appeals.

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45-20-9. (a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations as applied to classified employees shall be instituted by filing a written appeal with the Office of State Administrative Hearings upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the office. The party appealing and the department from whose action the appeal is taken shall be notified in writing within 15 days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled. (b) The State Personnel Board, any member of the board, or an administrative law judge shall have the authority to do the following in connection with any hearing on a dismissal or other purported violation of the rules and regulations: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the board's jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the board or the administrative law judge. (c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the board or an administrative law judge if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced. (d) With respect to all hearings before the board or the administrative law judge:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men persons in the conduct of their affairs. The board proceedings shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request and at the discretion of the

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administrative law judge or board, parties shall be given an opportunity to compare the copy with the original; (3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts; and (4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the board's specialized knowledge. Parties shall be notified either before or during the hearing by reference in preliminary reports or otherwise of the material officially noticed, including any staff memoranda or data; and they shall be afforded an opportunity to contest the material so noticed. The board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. (e)(1) With respect to hearings at which the board did not preside at the presentation of the evidence, the administrative law judge who presided shall issue an initial decision within 30 days from the close of the evidence or if necessary within a longer period of time as ordered by the board or the administrative law judge. The initial decision shall be transmitted to the board, and copies shall be sent to the parties or their representatives. In the absence of an application for review from an adversely affected party to the board within 30 days from the date the initial decision was issued or in the absence of an order by the board within such time for review on its own motion, the decision shall become the decision of the board without further proceedings or notice; and any right of additional appeals shall be extinguished. (2) On review of the entire record from the administrative law judge, the board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the administrative law judge and including the review of any action taken by the administrative law judge. Both parties shall have the right to present oral arguments to the board. Any presentation to the board on the matter by an administrative law judge shall be made in the presence of the parties. No administrative law judge shall be present during the board's deliberations and voting on the application. At its discretion, the board may take additional testimony or remand the matter to the administrative law judge for such purpose. (f) Unless precluded by law, informal disposition of any proceeding before the board or the administrative law judge may be made by stipulation, agreed settlement, consent order, or default. (g) As a part of the initial decision or order subsequent to any hearing, the administrative law judge or the board shall include findings of fact and conclusions of law separately stated and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the decision or order shall be mailed to all parties of record. (h) Any party, including the state and any state board, bureau, commission, or department, who has exhausted all administrative remedies available before the board and who is aggrieved by a final decision or order of the board on any hearing may seek

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judicial review of the final decision or order of the board in the superior court of the county of the place of employment of the employee. (i) Proceedings for review shall be instituted by filing a petition with the court within 30 days after the decision or order is rendered. Copies of the petition shall be served upon the board and all parties of record. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision of the board, and the grounds upon which the petitioner contends the decision or order should be reversed or remanded. The petition may be amended with leave of court. (j) Within 30 days after the service of the petition or within further time allowed by the court, the board shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. (k) The filing of the petition shall stay the enforcement of the board's decision or order. (l) If before the date set for hearing the appeal by the superior court application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the board, the court may order that the additional evidence be taken before the board upon conditions determined by the court. The board may modify its findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court. (m) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court may affirm the decision or order of the board or remand the case for further proceedings. The court may reverse the decision or order of the board if substantial rights of the petitioner have been prejudiced because the board's findings, inferences, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the board; (3) Made upon unlawful procedure; (4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (5) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (n) A party aggrieved by an order of the court in a proceeding authorized under this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5.
45-20-10. In order to furnish the Governor, the General Assembly, and the general public with statistical information which can be used in planning departmental programs and

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budgeting, each official The DOAS shall routinely collect from agencies required under present law to submit a quarterly budget to the Office of Planning and Budget shall submit to the commissioner data including the number of personnel, salaries, length of service, distribution of employees by filled and unfilled full-time employee positions at the budgetary program level, and other pertinent personnel information for the subsequent fiscal year as such payroll and other essential personnel data as may be prescribed by and approved by the Governor. The commissioner shall compile, and consolidate, and submit the data to the Office of Planning and Budget as needed. reports pertaining to the number of personnel, salaries, length of service, type of work, distribution of employees by departments, and other pertinent personnel information.
45-20-11. The state auditor shall perform periodic operational audits of the State Personnel Administration. Such audits shall also be performed at the request of the Governor, the commissioner, or the General Assembly. Reports of audit findings shall be filed with the board, the commissioner, and the Governor. The state auditor shall not be required to file copies of the audit findings with the members of the General Assembly but shall notify the members of the availability of audit findings in the manner which he or she deems to be most effective and efficient. Reserved.
45-20-12. (a) The State Personnel Board and the State Personnel Administration are authorized and directed to implement a sequential series of leadership development courses of study and preparation in order to enhance the capacity of supervisors, managers, and executives to lead people at the direct, organizational, and strategic levels. (b) The Governor's Executive Leadership Institute is implemented by the State Personnel Board and the State Personnel Administration with the following objectives:
(1) To establish and maintain a state government executive leadership development program to train and prepare current and future state government leaders; (2) To foster and maintain higher developmental, educational, and ethical standards in the field and practice of public leadership and management; and (3) To assist agencies of state government by establishing a more objective measure of a leader's professional preparation and knowledge. Reserved.
45-20-13. Reserved.
45-20-14. Reserved.
45-20-15. (a) As used in this Code section, the term:

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(1) 'Counseling session' means any discussions or meetings between a state employee and an official or other employee of the State Personnel Administration which are conducted under an official program established by the commissioner. (2) 'Information' means any written document or material acquired or produced as a part of a counseling session or the contents thereof and the contents of any discussions held as a part of a counseling session. (3) 'Program' means the employee relations counseling function established by the commissioner under which an employee is entitled to confidential counseling with regard to job related problems. (b) Except as provided in subsections (c), (d), and (e) of this Code section, information received or developed by the State Personnel Administration staff in performing its counseling functions shall be maintained as confidential by the State Personnel Administration and shall not be subject to disclosure by the State Personnel Administration unless such information relates directly to proof of the possible violation of a criminal statute. (c) Information may be disclosed if such disclosure is authorized, in writing, by all parties to the counseling session in which the information was produced. (d)(1) Nothing contained in this Code section shall be construed to prohibit any person from disclosing any fact the knowledge of which was obtained independently of a counseling session. (2) The State Personnel Administration counselor may disclose information obtained in a counseling session to a manager of the State Personnel Administration for the purpose of employee counseling. Any such disclosure shall be confidential and the person to whom the information is disclosed shall be subject to the restrictions contained in subsection (b) of this Code section. (e) Information received by a State Personnel Administration counselor during a counseling session which indicates that unlawful activity is being conducted in the employee's agency may be disclosed to the commissioner. The commissioner may then notify the commissioner of any agency involved, the Governor, or the Attorney General for appropriate action. (f) Any hearing before the board or one of its hearing officers regarding the dismissal of a classified employee must be held in the county in which the employee is employed unless all parties agree to another location. Reserved.
45-20-16. (a) As a part of employee compensation, the State Personnel Board board shall establish rules for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees in accordance with State Personnel Board such rules.

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(b) Any employee who has accumulated sick leave shall be authorized to utilize such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board; provided, however, that whenever an employee is sick and absent from work, the employee may be required to report each day by telephone to the appropriate authority. An employee shall not be required to provide documentation for the use of less than 17 hours of sick leave in any 30 day period, unless the employee has demonstrated excessive or abusive use of sick leave. The State Personnel Board shall establish rules and regulations that define excessive or abusive use. (c) An employee who has accrued more than 15 days of sick leave as of November 30 of any year may, by written notification to the appointing authority by no later than December 31 of that year, convert up to three days of accrued sick leave in excess of 15 days to personal leave. Any personal leave not used by December 31 of the following year, or upon termination, shall be forfeited and not restored to the employee. (d) Personal leave may be used by the employee for personal reasons the same as annual leave upon approval by the employee's appointing authority. The employee shall normally be required to provide the appointing authority with a 24 hour advance notice for use of personal leave. Every reasonable effort shall be made by the appointing authority to accommodate employees on their requests for use of personal leave. (e) If the appointing authority disagrees with the claim of sickness or need to utilize sick leave made by the employee pursuant to subsection (d) of this Code section, the appointing authority may disapprove the use of such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board. The employee may contest the disapproval of the sick leave through the department's employee complaint procedure. (f) Any nontemporary employee in classified or unclassified service who forfeits accumulated sick leave as a result of withdrawal from employment with the state shall be entitled to regain such accumulated sick leave after such employee returns to state employment and remains in service for a period of two consecutive years. (g) The State Personnel Board shall adopt regulations to implement the provisions of this Code section. The leave regulations of the board in effect on July 1, 1991, and not in conflict with this Code section shall remain in effect until amended, changed, modified, or repealed by the board.
45-20-17. Reserved.
45-20-18. Any state employee who commits a validated act of abuse towards a member of the public while performing employment duties shall not be eligible for any wage incentive payment during the period such act occurred.

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45-20-19. (a) This subsection shall apply whenever any department or agency proposes to eliminate one or more nontemporary positions or terminate the employment of one or more nontemporary classified employees through a reduction in force. No position elimination or employment termination subject to this subsection may shall become effective until at least 30 days after the affected employee has been notified in writing by the department or agency. Such notice must contain at a minimum:
(1) A statement of the nature of the proposed action to be taken with respect to the affected employee; (2) An explanation of the rights of the affected employee with respect due to the proposed reduction in force, including any right of appeal, or other opportunities with respect to regarding possible continued employment, any opportunities to apply for employment with any public or private party assuming the functions of the employee, or any other similar opportunities; and (3) An explanation of the affected employee's rights and options with respect to regarding his or her employment benefits, including but not limited to any right to continued participation in any retirement system or insurance plan. (b) This subsection shall apply whenever any department or agency proposes to eliminate 25 or more nontemporary positions or terminate 25 or more nontemporary employees through a reduction in force. At least 15 days prior to giving the employee notice required by subsection (a) of this Code section, the department or agency shall give written notice to the President of the Senate and the Speaker of the House of the proposed reduction in force. Such notice shall: (1) Identify the facilities and operations to be affected and the estimated number of employees to be affected; and (2) State the reasons for the proposed action. (c) Subsections (a) and (b) of this Code section shall not apply to a reduction in force which must become effective immediately because the department or agency has insufficient funds available to pay the salaries of the affected employees.
45-20-20. (a) As used in this Code section, the term:
(1) 'Employing unit' means that budget unit under the Appropriations Act through which an officer or employee receives compensation for services rendered as such officer or employee. (2) 'Federal law' means Section 3(a) of the Military Selective Service Act (50 App. U.S.C.A. 451, et seq.). (b) A state officer, other than an elected officer whose office is created by the Constitution, shall not be eligible to take office if such person is a male between 18 and 26 years of age unless, prior to taking the oath of office, such person presents proof to the Secretary of State of having registered with the Selective Service System as required by federal law or of being exempt from such registration.

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(c) A person employed by the state before July 1, 1998, other than an officer specified or exempted by subsection (b) of this Code section, who is a male between 18 and 26 years of age shall be terminated for cause unless, by January 1, 1999, such person presents proof to the employing unit of state government of having registered with the Selective Service System as required by federal law or of being exempt from such registration. (d) A person may shall not be hired as an employee of the state on or after July 1, 1998, other than an officer specified or exempted by subsection (b) of this Code section, if that person is a male between 18 and 26 years of age unless, prior to such hiring, such person presents proof to the employing unit of state government of having registered with the Selective Service System as required by federal law or of being exempt from such registration.
45-20-21. The State Personnel Board shall provide for a performance management system for the periodic review and rating of the quality and quantity of work performed by employees. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the review and rating of the quality and quantity of work performed by employees.
ARTICLE 2
45-20-30. Each state, county, and municipal officer and employee in this state shall be allowed a leave of absence, without loss of pay, of not more than eight hours in each calendar year for the purpose of donating blood. This absence shall be computed at two hours per donation, up to four times per year. However, any such officer or employee who donates blood platelets or granulocytes through the plasmapheresis process shall be allowed a leave of absence, without loss of pay, of not more than 16 hours in each calendar year which shall be computed at four hours per donation, up to four times per year.
45-20-31. (a) Each employee of the State of Georgia or of any branch, department, board, bureau, or commission of the State of Georgia who serves as an organ donor for the purpose of transplantation shall receive a leave of absence, with pay, of 30 days and such leave shall not be charged against or deducted from any annual or sick leave and shall be included as service in computing any retirement or pension benefits. The employee shall not be entitled to such leave of absence with pay unless he or she furnishes to his or her supervisor or other proper authority a statement from a medical practitioner who is to perform such transplantation procedure or from a hospital administrator that the employee is making an organ donation as provided in this Code section. If such donation does not occur, the provisions of this Code section shall not be applicable.

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For the purposes of this Code section, the term 'organ' means a human organ, including an eye, that is capable of being transferred from the body of a person to the body of another person. (b) Each employee of the State of Georgia or of any branch, department, board, bureau, or commission of the State of Georgia who serves as a bone marrow donor for the purpose of transplantation shall receive a leave of absence, with pay, of seven days and such leave shall not be charged against or deducted from any annual or sick leave and shall be included as service in computing any retirement or pension benefits. The employee shall not be entitled to such leave of absence with pay unless he or she furnishes to his or her supervisor or other proper authority a statement from a medical practitioner who is to perform such transplantation procedure or from a hospital administrator that the employee is serving as a bone marrow donor as provided in this Code section. If such donation does not occur, the provisions of this Code section shall not be applicable.
ARTICLE 3
45-20-50. It is the purpose of this article to permit voluntary deductions from wages or salaries of employees of the State of Georgia for the benefit of eligible charitable health and human care organizations and to provide for the distribution of funds collected through a process which involves minimal disruption of work time and provides reasonable assurance to the employees that their contributions are well used.
45-20-51. As used in this article, the term:
(1) 'Agency' means any agency, as defined in Code Section 45-20-2, which has fulltime paid state employees and, in addition thereto, shall include the board of regents, all units of the university system, public authorities, and public corporations. (2) 'Charitable organization' means any voluntary health, welfare, educational, or environmental restoration or conservation agency that is:
(A) A private, self-governing, nonprofit organization chartered or authorized to do business in the State of Georgia by the office of the Secretary of State; (B) Exempt from taxation under Code Section 48-7-25; (C) One to which contributions are authorized as deductible by Section 170 of the United States Internal Revenue Code, as amended; (D) Qualified as an organization as defined in Section 501(c)(3) of the United States Internal Revenue Code; and (E) Not a religious organization except that a religious organization is not disqualified to the extent that it operates a health, welfare, educational, or environmental restoration or conservation function on a nonsectarian basis with a distinct and separate budget for this function.

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(3) 'Eligible voluntary charitable organization' means a charitable organization which:
(A) Actively conducts health, welfare, educational, or environmental restoration or conservation programs and provides services to individuals directed at one or more of the following common human needs within a community: family and child care services; protective services for children and adults; services for children and adults in foster care; services related to the management and maintenance of the home; day-care services for adults; transportation services; information, referral, and counseling services; the preparation and delivery of meals; adoption services; emergency shelter, care, and relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support services; or a combination of such services designed to meet the special needs of specific groups such as children and youth, the aged, the ill and infirm, or the physically disabled; or provides services concerned with the ecological impact of altering the environment; or provides services concerned with the cultivation or imparting of knowledge or skills; (B) Provides direct and substantial services on a state-wide basis; is one of the federated charitable organizations that coordinates fund raising and allocations for at least five local charitable organizations in the various geographic areas in which employees are solicited; is a federation of at least five state-wide and local charitable organizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs; is a health, welfare, educational, or environmental restoration or conservation agency which is a member of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization subject to such rules and regulations as the board may prescribe; or is a federated charitable organization that provides direct and substantial health and welfare services internationally whose activities do not require a local presence or provision of local services, which is authorized and certified by the Secretary of State to transact business in Georgia, which is compliant with the U.S. Office of Personnel Management's regulations issued pursuant to the authority of 5 C.F.R. 950.201 and 950.202 for charities participating in the Combined Federal Campaign, which has a registered agent in Georgia, and which otherwise meets the criteria of this paragraph; (C) Observes a policy and practice of nondiscrimination on the basis of race, color, religion, sex, national origin, or disability, which and such policy is applicable to persons served by the agency, to agency staff employment, and to membership on the agency's governing board; and (D) Does not expend a substantial portion of its efforts to influence the outcome of elections or the determination of public policy. No charitable organization shall be approved by the State Personnel Board under more than one provision of subparagraph (B) of this paragraph. (4) 'Employee' means any person receiving a payroll check from the state for personal service to an agency.

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45-20-52. The State Personnel Board board shall serve as the policy-setting body set policy for administration of this article and shall have full power to promulgate, adopt, amend, or revoke such rules and regulations consistent with this article as may be necessary to implement this article. The board shall have specific authority to establish procedures under which charitable organizations may be evaluated for inclusion in the charitable deductions program. Only eligible voluntary charitable organizations which are approved by the board may participate in the program. Such procedures may include minimum participation levels based upon number of employees making a designated contribution, dollar amounts of designated contributions, or other factors as decided by the board and may exclude otherwise eligible charitable organizations for failure to attain a minimum participation level.
45-20-53. (a) Any agency is authorized to deduct from the salaries or wages of its employees amounts designated by the employee for the purpose of contribution to charitable organizations. No such deduction procedure shall be implemented without the approval of the chief executive officer or governing board of the agency. (b) No deduction shall be made without the written request of the employee, which request shall designate the amount which is to be deducted. Deductions shall be made monthly or to coincide with each pay period as determined by the agency. No deduction shall be made for less than $1.00 per deduction period or for less than $1.00 per designated charitable organization. Employees shall be clearly apprised, on solicitation materials, of the manner in which funds will be distributed. All deduction authorizations shall remain continuously in effect until changed or canceled in writing by the employee. No deduction shall be made for the benefit of any organization which fails to secure approval of the board.
45-20-54. (a) No person shall disclose to any other person names of contributors or the amounts or designations of authorized charitable deductions of another, except as is necessary to accomplish the purpose of this article or as otherwise authorized in writing by the person whose contributions are sought to be disclosed. This prohibition against disclosure shall not, however, bar appropriate state or federal tax authorities from access necessary to establish the tax status of charitable organizations receiving these funds. (b) No person shall pressure, coerce, or in any way intimidate any employee to have charitable deductions made from the employee's salary or with reference to the amount of deductions to be made. Each agency shall review any violations or alleged violations of this subsection and assure that appropriate action is taken. Such action may include, without being limited to, discharge from employment, consistent with policies of the agency and with the rules and regulations of the board.

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45-20-54.1. The board shall promulgate regulations necessary and expedient to accomplishing the distribution of funds deducted from employees' salaries, honoring employee designations. Undesignated funds shall be fairly and impartially distributed as determined by the board.
45-20-55. The state shall be reimbursed by participating charitable organizations, in direct proportion to their receipts, for its additional direct cost of making deductions and remitting the proceeds. To minimize time and administrative expense, activities related to the management of the funds such as preparation of materials, solicitor training, fiscal agent duties, and similar activities may be delegated by the board to a participating party.
45-20-56. Deductions from salaries of employees and transmittal of funds to charitable organizations may be offered as a privilege for the convenience of employees and no right of action shall accrue to the employee or to any charitable organization for errors, omissions, or decisions of administrative employees or officials regarding such deductions. The board is the sole judge of charitable organizations approved for participation in the program. Charitable organizations may be disapproved without any liability on the part of any state official or employee.
ARTICLE 4
45-20-70. As used in this article, the term 'employee assistance program' or 'program' means a service established to assist state employees in coping with and overcoming persistent problems that jeopardize the employee's effective job performance.
45-20-70.1. The State Personnel Board board is authorized in its discretion to establish an employee assistance program for all state employees and to adopt and promulgate rules and regulations for its administration.
45-20-71. Program related records or activities which might disclose the nature of the services provided an employee or the identity of an employee utilizing the program shall be maintained on a confidential basis. Such records shall be produced only when the commissioner of personnel administration or his or her designee is satisfied it is needed to respond to a life-threatening or medical emergency or when written release is given by an that employee.

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ARTICLE 5
45-20-90. As used in this article, the term:
(1) 'Employee' means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority. 'Employee' shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency. (2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the State Personnel Board board. (3) 'High-risk work' means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. (4) 'Illegal drug' means marijuana as defined in paragraph (16) of Code Section 1613-21, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21, as amended; a dangerous drug as defined in Code Section 16-1371, as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term 'illegal drug' shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law.
45-20-91. (a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority, in conjunction with the DOAS, shall determine those positions and groups of positions whose occupants regularly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. This Code section shall not be construed to include employees who do not regularly perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work.
45-20-92. (a) The State Personnel Board shall adopt rules to establish:
(1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period; (2) Methods for assuring that employees are selected for testing on a random basis;

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(3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; (5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information; and (6) The identification of those persons entitled to the information and shall adopt such other rules as it may deem appropriate to carry out the purposes of this article. The board may, in its discretion, delegate to the commissioner of personnel administration such authority as appropriate to carry out the purposes of this article. (b) The commissioner shall establish and maintain a list of those laboratories qualified to conduct established drug tests and shall determine which illegal drugs will be the subject of testing; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds to its urine testing program a minimum of 10 percent blind test specimens.

45-20-93. (a) Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment. (b) Any employee who refuses to provide body fluid specimens, when requested to do so in accordance with the random drug testing conducted pursuant to this article and administrative rules and regulations promulgated under this article, shall be terminated from his or her employment.

ARTICLE 6

45-20-110.

As used in this article, the term:

(1) 'Applicant' means a candidate who is offered public employment with any

agency, department, commission, bureau, board, college, university, institution, or

authority of any branch of state government or who has commenced employment but

has not submitted to an established test for illegal drugs.

(2) 'Established test' means the collection and testing of bodily fluids administered in

a manner equivalent to that required by the Mandatory Guidelines for Federal

Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as

amended).

(3)

'Illegal drug' means marijuana/cannabinoids (THC), cocaine,

amphetamines/methamphetamines, opiates, or phencyclidine (PCP). The term 'illegal

drug' shall not include any drug when used pursuant to a valid prescription or when

used as otherwise authorized by state or federal law.

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(4) 'Job' means a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently similar in responsibilities and performance standards to be grouped together. (5) 'Medical review officer' means a properly licensed physician who reviews and interprets results of drug testings and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results. (6) 'Position' means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.
45-20-111. (a) The head of each agency, department, commission, bureau, board, college, university, institution, or authority shall ensure an analysis is completed on all jobs in his or her organization to determine those positions whose duties and responsibilities warrant conducting an established test for illegal drugs in accordance with the provisions of this Code section. The analysis must be completed by July 1, 1995. All jobs established after this date must undergo a similar analysis no later than six weeks after establishment. An applicant for a designated position shall undergo a drug test consistent with these provisions. (b) An applicant for state employment who is offered employment in a position designated by the head of the agency, department, commission, bureau, board, college, university, institution, or authority as requiring a drug test shall, prior to commencing employment or within ten days after commencing employment, submit to an established test for illegal drugs. All costs of such testing shall be paid from public funds by the employing agency or unit of state government. Any such test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If the results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a medical review officer to determine if there is an alternative medical explanation. If the applicant provides appropriate documentation and the medical review officer determines that it was a legitimate usage of the substance, the result shall be reported as negative. Any applicant who fails to provide an alternative medical explanation shall be reported by the medical review officer as having a positive test result. Any applicant offered employment who refuses to submit to an established test for illegal drugs or whose test results are positive shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The State Personnel Board board shall develop rules for the administration of the test and any verification procedures. Other covered units of state government shall also develop rules governing these procedures. The results of such tests shall remain confidential and shall not be a public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law."

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PART II SECTION 2-1. Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended by revising Code Section 1-4-1, relating to public and legal holidays and leave for observance of religious holidays not specifically provided for, as follows: "1-4-1. (a) The State of Georgia shall recognize and observe as public and legal holidays: (1) All days which have been designated as of January 1, 1984, as public and legal holidays by the federal government; and (2) All other days designated and proclaimed by the Governor as public and legal holidays or as days of fasting and prayer or other religious observance. In such designation the Governor shall include at least one of the following dates: January 19, April 26, or June 3, or a suitable date in lieu thereof to commemorate the event or events now observed by such dates. (b) The Governor shall close all state offices and facilities a minimum of 12 days throughout the year and not more than 12 days in observance of the public and legal holidays and other days set forth in subsection (a) of this Code section and shall specify the days state offices and facilities shall be closed for such observances. (c) Employees of any state department or agency or of any other department or agency covered by the State Personnel Administration shall, upon request to their appointing authority or his or her designee at least seven days in advance, be given priority consideration for time away from work for observance of religious holy days not otherwise provided for in this Code section. Any paid leave time for such religious holy day observance shall be charged to accrued compensatory leave or accrued annual leave credits available to the employee at the time of the holy day observance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holy day shall not be denied unless the employee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his or her designee. The State Personnel Board shall provide by rule and regulation a procedure to be followed by agencies and departments in the granting of such holy days for employees in the classified service of the State Personnel Administration. The employing department or agency shall provide the procedures to be followed for all other employees."
SECTION 2-2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Code Section 2-2-4, relating to salary and expenses, and compensation of employees, as follows:

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"2-2-4. (a) The annual salary of the Commissioner shall be as provided in Code Sections 45-73 and 45-7-4. The Commissioner shall be entitled to reimbursement of expenses as provided by Code Section 45-7-20. (b) The Commissioner is authorized to employ personnel for the department, to prescribe their duties, and to fix the compensation of such personnel; provided, however, that such personnel who are under the State Personnel Administration shall be compensated under compensation shall be in accordance with the rules and regulations of the State Personnel Board."
SECTION 2-3. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising Code Section 7-1-35, relating to deputy commissioners, examiners, and assistants, as follows:
"7-1-35. (a) The commissioner shall appoint from time to time, with the right to discharge at will, a senior deputy commissioner of banking and finance. The commissioner may appoint additional deputy commissioners as needed. All deputy commissioners shall also be ex officio examiners. The commissioner may appoint such additional examiners and assistants as he or she may need to discharge in a proper manner the duties imposed upon the commissioner by law, subject to any applicable state laws or rules or regulations and within the limitations of the appropriation to the department as prescribed in this chapter. Hiring, promotion, and other personnel policies of the department shall be consistent with guidelines or directives of the state, shall be in writing, and shall be made available upon request to employees of the department. (b) Within the limitations of its annual appropriation, the department may expend funds pursuant to the authority granted under Article VIII, Section VII, Paragraph I of the 1983 Constitution of Georgia necessary to the recruitment, training, and certification of a professional staff of financial examiners. The department may provide for the participation of examiners in such educational, training, and certification programs as the commissioner deems necessary to the continued qualification and recognition of the professional status of examiners. The department may recognize independent certification of professional qualifications as supplemental to the rules and regulations of the State Personnel Administration Board in considering the personnel actions relative to its examiners."
SECTION 2-4. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-2-6, relating to authority to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and creation of nonprofit corporation, as follows:

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"12-2-6. (a) In carrying out its objectives, the department is authorized to arrange for and accept such aid and cooperation from the several United States governmental bureaus and departments and from such other sources as may lend assistance.
(b)(1) The commissioner is authorized to accept without regard to the State Personnel Administration, laws, rules, or regulations, the services of individuals without compensation as volunteers for or in aid of environmental protection, coastal resources, historic preservation, interpretive functions, hunter safety and boating safety instruction, hunter safety and boating safety programs, wildlife management, recreation, visitor services, conservation measures and development, public education on conservation, and any other activities in and related to the objectives, powers, duties, and responsibilities of the department. (2) The commissioner is authorized to provide for reimbursement of volunteers for incidental expenses such as transportation, uniforms, lodging, and subsistence. The commissioner is also authorized to provide general liability coverage and fidelity bond coverage for such volunteers while they are rendering service to or on behalf of the department. (3) Except as otherwise provided in this Code section, a volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including, without limitation, those relating to hours of work, rates of compensation, leave, unemployment compensation, and state employee benefits. (4) Volunteers performing work under the terms of this Code section may be authorized by the department to operate state owned vehicles. They may also be treated as employees of the state for the purposes of inclusion in any automobile liability insurance or self-insurance, general liability insurance or self-insurance, or fidelity bond coverage provided by the department for its employees while operating state owned vehicles. (5) No volunteer shall be authorized or allowed to enter privately owned or operated lands, facilities, or properties without the express prior written permission of the owner or operator of such privately owned or operated lands, facilities, or properties; provided, however, that such prohibition shall not apply to lands, facilities, or properties leased to the State of Georgia. (c) The department shall have the power and authority to create, establish, and operate a program or programs to facilitate, amplify, or supplement the objectives and functions of the department through the use of volunteer services, including, but not limited to, the recruitment, training, and use of volunteers. (d) The department is directed to cooperate with and coordinate its work with the work of each department of the federal government dealing with the same subject matters dealt with by the Department of Natural Resources. The department is authorized to cooperate with the counties of the state in any surveys to ascertain the natural resources of the counties. The department is also authorized to cooperate with the governing bodies of municipalities and boards of trade and other local civic organizations in

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examining and locating water supplies and in giving advice concerning and in recommending plans for other municipal improvements and enterprises. Such cooperation is to be conducted upon such terms as the department may direct. (e) The department shall have the authority to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote environmental protection, coastal resource conservation, historic preservation, interpretive functions, hunter safety and boating safety instruction and programs, outdoor recreation, wildlife management, recreation, visitor services, conservation measures and development, public education on conservation, and any other activities in and related to the objectives, powers, duties, and responsibilities of the department and that make efficient use of funds appropriated for advertising and promotions; provided, however, that nothing in this subsection shall be construed so as to authorize the department to grant any donation or gratuity.
(f)(1) The department shall have the power and authority to incorporate one nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. (2) Any nonprofit corporation created pursuant to this subsection shall be subject to the following provisions:
(A) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (B) Upon dissolution of any such nonprofit corporation incorporated by the department, any assets shall revert to the department or to any successor to the department or, failing such succession, to the State of Georgia; (C) No member of the Board of Natural Resources shall be an officer or director of any such nonprofit corporation; (D) As used in this subparagraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the department; (E) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (F) The department shall not be liable for the action or omission to act of any such nonprofit corporation; (G) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and

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(H) Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange. (3) Any nonprofit corporation created pursuant to this subsection shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated. Such report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Natural Resources and Environment, the House Committee on Game, Fish, and Parks, and the Senate Natural Resources and the Environment Committee. Any such nonprofit corporation shall also provide such persons with a copy of all corporate filings with the federal Internal Revenue Service."
SECTION 2-5. Said Title 12 is further amended by revising Code Section 12-3-536, relating to transferring powers of authority to the Department of Economic Development, as follows:
"12-3-536. (a) Effective July 1, 1998, without diminishing the powers of the authority pursuant to Code Section 12-3-524, all personnel positions authorized by the authority in fiscal year 1998 shall be transferred to the Department of Community Affairs. All employees of the authority on June 30, 1998, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service of the State Personnel Administration as defined in Code Section 45-20-6 45-20-2. (b) On April 26, 2005, the functions of the Board of Community Affairs, Department of Community Affairs, and commissioner of community affairs respecting the Music Hall of Fame Authority are transferred to the Department of Economic Development. The commissioner of economic development and the commissioner of community affairs shall arrange administratively for the transfer of records, equipment, and facilities for such transferred functions. The personnel positions authorized by the Department of Community Affairs shall be transferred to the Department of Economic Development, and all employees of the Department of Community Affairs whose positions are transferred shall become employees of the Department of Economic Development with no break in service and in the classified or unclassified service as they were at the Department of Community Affairs."
SECTION 2-6. Said Title 12 is further amended by revising Code Section 12-4-1, relating to powers and duties of Environmental Protection Division as to mineral and geological resources, as follows:

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"12-4-1. (a) The Environmental Protection Division of the Department of Natural Resources shall:
(1) Conduct studies in the field for the purposes expressed in this subsection; (2) Map and prepare reports of the geological and mineral resources of the state; (3) Prepare, or cooperate in preparing, topography maps for use as base maps in the geological field study and in mining development, and for use in planning power developments, agriculture and reclamation work, and highways; (4) Make hydrographic surveys which are deemed by the division to be advantageous to the mining and milling of mineral deposits, to the utilization of waterpower, or to reclamation, or which are deemed to constitute proper cooperative investigations with other departments of the state or federal governments in aid of laboratory research relating to mining and to metallurgical problems of the state's mining and mineral industry; and (5) Publish in print or electronically bulletins embodying reports provided by the division. (b) It shall be the duty of the division to conduct cooperative work relating to mines, mining, and geology with the departments and bureaus of the United States government, provided that the federal expenditure for such work shall at least equal that of the state. (c) The director of the Environmental Protection Division of the Department of Natural Resources may appoint technical assistants who shall be in the classified service under the State Personnel Administration as defined by Code Section 45-20-2. (d) The functions, duties, and powers of the former Department of Mines, Mining, and Geology are transferred to and vested in the Environmental Protection Division of the Department of Natural Resources. (e) The Environmental Protection Division of the Department of Natural Resources shall have charge of the work of mines, mining, and geology."
SECTION 2-7. Said Title 12 is further amended by revising Code Section 12-6-5, relating to powers and duties of commission generally and volunteer services, as follows:
"12-6-5. (a) The commission shall have power and authority:
(1) To take all action appropriate to foster, improve, and encourage reforestation; (2) To engage in research and other projects for the ascertainment and promulgation of better forestry practices; (3) To offer aid, assistance, and technical advice to landowners relative to the preservation and culture of forests; (4) To receive gifts or donations made to it and to expend the same under the terms of such gifts or donations; (5) To conduct and direct fire prevention work and maintain equipment, personnel, and installations for the detection, prevention, and combating thereof;

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(6) To publish in print or electronically and distribute the results of its research and investigations; (7) To cooperate and contract with other agencies and instrumentalities of government, either county, municipal, state, or national, and with private persons or concerns for the advancement of the forests of this state; and (8) To engage in land conservation projects as provided by Chapter 6A of this title. (b)(1) The director is authorized to accept, without regard to the State Personnel Administration laws, rules, or regulations, the services of individuals without compensation as volunteers for or in aid of fire tower operation, urban tree planting and inventories, seedling deliveries, insect surveys and evaluations, tours and field days, staffing exhibits, facility maintenance, beautification projects, and any other activity in and related to the objectives, powers, duties, and responsibilities of the commission. (2) The director is authorized to provide for reimbursement of volunteers for incidental expenses such as transportation, uniforms, lodging, and subsistence. The director is also authorized to provide general liability coverage and fidelity bond coverage for such volunteers while they are rendering service to or on behalf of the commission. (3) Except as otherwise provided in this Code section, a volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment including, without limitation, those relating to hours of work, rates of compensation, leave, unemployment compensation, retirement, and state employee benefits. (4) Volunteers performing work under the terms of this Code section may be authorized by the department to operate state owned vehicles. They may also be treated as employees of the state for the purposes of inclusion in any automobile liability insurance or self-insurance, general liability insurance or self-insurance, or fidelity bond coverage provided by the commission for its employees while operating state owned vehicles. (5) No volunteer shall be authorized or allowed to enter privately owned or operated lands, facilities, or properties, except for emergency fire fighting purposes, without the express prior written permission of the owner or operator of such privately owned or operated lands, facilities, or properties; provided, however, that such prohibition shall not apply to lands, facilities, or properties leased to the State of Georgia. (c) The commission shall have the power and authority to create, establish, and operate a program or programs to facilitate, amplify, or supplement the objectives and functions of the commission through the use of volunteer services including, but not limited to, the recruitment, training, and use of volunteers. (d) The enumeration of specific powers in this Code section shall not be construed as a denial of others not specified in this Code section."

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SECTION 2-8. Said Title 12 is further amended by revising Code Section 12-11-5, relating to director, administration of corps programs, and energy savings initiatives, as follows:
"12-11-5. (a) There is created the position of director of the Georgia Youth Conservation Corps. The director shall be appointed by the commissioner and shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2. (b) The commissioner shall be charged with the overall administration of corps programs under the provisions of this chapter and such rules and regulations as are adopted by the board. The commissioner may delegate to the director any or all of the duties and functions prescribed by this chapter. Such duties and functions may include, but are not limited to, the following:
(1) Recruiting and employing staff and corps member leaders and specialists; (2) Adopting criteria for the selection of applicants to the corps; (3) Executing agreements for furnishing the services of the corps to any federal, state, or local agency or to any local organization concerned with the overall objectives of the corps and all other agreements necessary and proper for the implementation and administration of this chapter; (4) Applying for and accepting grants or contributions of funds from any source, public or private; (5) Providing funds and matching funds to other corps programs meeting the specifications of this chapter and the rules and regulations of the board; and (6) Reporting annually to the council, the Governor, and the General Assembly on the activities undertaken by the corps in the preceding fiscal year, including a costeffectiveness analysis of all completed, ongoing, and proposed projects. (c) The commissioner shall have the authority to contract with the Georgia Environmental Finance 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 Finance Authority, and the Department of Labor are encouraged to use the corps for such purposes."
SECTION 2-9. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-5-6, relating to administrative assistant, duties, status, and compensation, as follows:
"15-5-6. Each district administrative judge is authorized to hire a full-time assistant adequately trained in the duties of court administration. The assistant shall assist in the duties of the district administrative judge, provide general court administrative services to the district council, and otherwise perform such duties as may be assigned to him or her by the district administrative judge. Each assistant shall be an employee of the judicial branch of the state government and shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2. The assistant shall be

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compensated in an amount and manner to be determined by uniform rules adopted by the ten administrative judges. Each assistant shall be compensated out of funds made available for such purposes within the judicial branch of the government. Additional funds shall be made available for needed clerical and other office operating costs of the assistant."
SECTION 2-10. Said Title 15 is further amended by revising Code Section 15-6-27, relating to procedure for hiring personnel employed by superior court judges, authority, duties, uniform policies, salaries and benefits, expenses, supplies, and local supplements, as follows:
"15-6-27. (a) All state paid personnel employed by the superior court judges pursuant to this article shall be employees of the judicial branch of state government and shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2. (b) Personnel employed pursuant to this Code section shall have such authority, duties, powers, and responsibilities as are assigned by the appointing superior court judge or as authorized by law or by the uniform policies and procedures established by The Council of Superior Court Judges of Georgia and shall serve at the pleasure of the superior court judge. (c) Subject to the provisions of this Code section, The Council of Superior Court Judges of Georgia shall adopt and amend uniform policies, rules, and regulations which shall apply to all state paid personnel employed by the superior court judges. Such policies, rules, and regulations may include provisions for appointment, classification, transfers, leave, travel, records, reports, and training of personnel. To the maximum extent possible and consistent with the duties and responsibilities of the superior court judges and the rules of the trial and appellate courts, such policies, rules, and regulations shall be similar to policies, rules, and regulations governing other state employees; provided, however, that no policy shall be implemented which reduces the salary of any personnel employed on July 1, 1997. Not less than 30 days prior to taking final action on any proposed policy, rule, or regulation adopted pursuant to this Code section, or any amendment thereto, the council shall transmit a copy of the policy, rule, regulation, or amendment to all superior court judges and the chairpersons of the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate. (d) State paid personnel employed by a superior court judge shall be entitled to annual, sick, and other leave authorized by the policies, rules, or regulations adopted by the council. (e) Subject to the provisions of Code Sections 15-6-25 and 15-6-28, the council shall annually promulgate salary schedules for each state paid position. Salaries shall be paid in equal installments from state funds appropriated or otherwise available for the operation of the superior courts.

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(f) Personnel compensated by the state pursuant to this article shall be entitled to receive, in addition to such other compensation as may be provided by law, reimbursement for actual expenses incurred in the performance of their official duties in accordance with the rules and regulations established pursuant to Article 2 of Chapter 7 of Title 45. Such reimbursement shall be made from state funds appropriated or otherwise available for the operation of the superior courts. (g) Personnel compensated by the state pursuant to this article are authorized to purchase such supplies and equipment as may be necessary to enable them to carry out their duties and responsibilities. The funds necessary to pay for such supplies and equipment shall come from funds appropriated or otherwise available for the operation of the superior courts. (h) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid personnel appointed pursuant to this article. (i) The governing authority of any municipality within the judicial circuit may, with the approval of the superior court judge, supplement the salary or fringe benefits of any state paid personnel appointed pursuant to this article. (j) In lieu of hiring personnel under this article, superior court judges, with the written consent of the governing authority of any county or counties within a judicial circuit, may employ personnel who shall be employees of the county which pays the compensation of the personnel. The county shall be reimbursed, from funds appropriated or otherwise available for the operation of the superior courts, for the compensation paid to the personnel plus any employer contribution paid for the personnel under the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, but the payments shall not exceed the maximum amount payable directly to or for the personnel as promulgated by The Council of Superior Court Judges of Georgia for state paid personnel. In the event of any vacancy which occurs after July 1, 1997, in a position compensated by a county pursuant to this Code section, the vacancy may be filled as provided in Code Section 15-6-25."
SECTION 2-11. Said Title 15 is further amended by revising Code Section 15-6-88, relating to minimum annual salary schedule, as follows:
"15-6-88. (a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments

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from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ............................................................................................... $ 29,832.20

6,000 - 11,889 ................................................................................................ 40,967.92

11,890 - 19,999 ................................................................................................ 46,408.38

20,000 - 28,999 ................................................................................................ 49,721.70

29,000 - 38,999 ................................................................................................ 53,035.03

39,000 - 49,999 ................................................................................................ 56,352.46

50,000 - 74,999 ................................................................................................ 63,164.60

75,000 - 99,999 ................................................................................................ 67,800.09

100,000 - 149,999 .............................................................................................. 72,434.13

150,000 - 199,999 .............................................................................................. 77,344.56

200,000 - 249,999 .............................................................................................. 84,458.82

250,000 - 299,999 .............................................................................................. 91,682.66

300,000 - 399,999 ............................................................................................ 101,207.60

400,000 - 499,999 ............................................................................................ 105,316.72

500,000 or more............................................................................................... 109,425.84
(b) On and after July 1, 2006, whenever Whenever the state employees in the classified service of the State Personnel Administration subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average

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percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-ofliving increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section. (d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time; but no clerk's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerk's salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk."
SECTION 2-12. Said Title 15 is further amended by revising Code Section 15-9-63, relating to schedule of minimum salaries, as follows:
"15-9-63. (a)(1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

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Population

Minimum Salary

0 - 5,999 ............................................................................................... $ 29,832.20

6,000 - 11,889 ................................................................................................ 40,967.92

11,890 - 19,999 ................................................................................................ 46,408.38

20,000 - 28,999 ................................................................................................ 49,721.70

29,000 - 38,999 ................................................................................................ 53,035.03

39,000 - 49,999 ................................................................................................ 56,352.46

50,000 - 74,999 ................................................................................................ 63,164.60

75,000 - 99,999 ................................................................................................ 67,800.09

100,000 - 149,999 .............................................................................................. 72,434.13

150,000 - 199,999 .............................................................................................. 77,344.56

200,000 - 249,999 .............................................................................................. 84,458.82

250,000 - 299,999 .............................................................................................. 91,682.66

300,000 - 399,999 ............................................................................................ 101,207.60

400,000 - 499,999 ............................................................................................ 105,316.72

500,000 or more............................................................................................... 109,425.84
(2) On and after July 1, 2006, whenever Whenever the state employees in the classified service of the State Personnel Administration subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-ofliving increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 159-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed

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in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judge's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judge's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge. (b) In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government."
SECTION 2-13. Said Title 15 is further amended by revising Code Section 15-9-63.1, relating to compensation for services as magistrate or chief magistrate, and longevity increases, as follows:
"15-9-63.1. (a) Beginning January 1, 2002, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $11,642.54; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. (b) On and after July 1, 2006, whenever Whenever the state employees in the classified service of the State Personnel Administration subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount provided in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the costof-living increase or general performance based increase received by state employees is

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in different percentages or different amounts as to certain categories of employees, the amount provided in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if such increases received by state employees become effective on January 1, such periodic changes in the amount provided in subsection (a) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-ofliving increases or general performance based increases received by state employees become effective. (c) On and after January 1, 2002, the amounts provided in subsections (a) and (b) of this Code section shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any probate judge serving as a chief magistrate or magistrate where such terms have been completed after December 31, 1999, effective the first day of January following the completion of each such period of service."

SECTION 2-14. Said Title 15 is further amended by revising Code Section 15-10-23, relating to minimum compensation, annual salary, increases, and supplements, as follows:
"15-10-23. (a)(1) As used in this Code section, the term 'full-time capacity' means, in the case of a chief magistrate, a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. In the case of all other magistrates, such term means a magistrate who was appointed to a full-time magistrate position and who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (2) Unless otherwise provided by local law, effective January 1, 2006, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ............................................................................................... $ 29,832.20

6,000 - 11,889 ................................................................................................ 40,967.92

11,890 - 19,999 ................................................................................................ 46,408.38

20,000 - 28,999 ................................................................................................ 49,721.70

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29,000 - 38,999 ................................................................................................ 53,035.03
39,000 - 49,999 ................................................................................................ 56,352.46
50,000 - 74,999 ................................................................................................ 63,164.60
75,000 - 99,999 ................................................................................................ 67,800.09
100,000 - 149,999 .............................................................................................. 72,434.13
150,000 - 199,999 .............................................................................................. 77,344.56
200,000 - 249,999 .............................................................................................. 84,458.82
250,000 - 299,999 .............................................................................................. 91,682.66
300,000 - 399,999 ............................................................................................ 101,207.60
400,000 - 499,999 ............................................................................................ 105,316.72
500,000 or more............................................................................................... 109,425.84 The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 that is higher than the immediately preceding decennial census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (3) All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate that a full-time chief magistrate of the county would receive according to paragraph (2) of this subsection multiplied by the number of actual hours worked by the chief magistrate as certified by the chief magistrate to the county governing authority. (4) Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $3,851.46 per month or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less.

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(5) All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $22.22 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $592.58 unless a magistrate waives such minimum monthly salary in writing. (6) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees. The salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (b) The amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the completion of each such period of service. (c) On and after July 1, 2006, whenever Whenever the state employees in the classified service of the State Personnel Administration subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d)

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of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (d) The county governing authority may supplement the minimum annual salary of the chief or other magistrate in such amount as it may fix from time to time, but no such magistrate's compensation or supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates. (e) The General Assembly may by local law fix the compensation of any or all of a county's magistrates. The chief magistrate or magistrate shall be entitled to the greater of the compensation established by local law, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both. (f) This Code section shall apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county. (g) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the daily rate that a full-time chief magistrate of the county would receive under paragraph (2) of subsection (a) of this Code section; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates."
SECTION 2-15. Said Title 15 is further amended by revising Code Section 15-11-24.3, relating to intake and probation services of juvenile courts, as follows:
"15-11-24.3. (a) As used in this Code section, the term:
(1) 'Department' means the Department of Juvenile Justice. (2) 'Probation and intake employees' means any probation officer specified in Code Section 15-11-24.1 and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this article, other than a juvenile court judge, associate juvenile court judge, or court service worker. (3) 'Probation and intake services' means those services provided by probation and intake employees for the juvenile court of a county. (b) After June 30, 1992, the intake and probation services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and fully funded through the department. The intake and probation employees of juvenile courts of those counties whose intake and probation services are transferred pursuant to this Code section shall become employees of the department on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of

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such employees shall not be reduced as a result of becoming employees of the department. (c) The intake and probation services of the juvenile court of a county may be transferred to the department pursuant to this Code section by local Act of the General Assembly which approves such transfer and becomes effective after June 30, 1992. (d) Persons who were probation and intake employees of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake employees to and became a part of the state-wide juvenile and intake services system fully funded through the department before January 1, 1999, shall be covered employees in the classified service of the State Personnel Administration as defined by Code Section 4520-2."

SECTION 2-16. Said Title 15 is further amended by revising Code Section 15-16-20, relating to minimum annual salary, increase, and operating expenses, as follows:
"15-16-20. (a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriff's county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ............................................................................................... $ 42,045.88

6,000 - 11,889 ................................................................................................ 46,917.92

11,890 - 19,999 ................................................................................................ 53,880.12

20,000 - 28,999 ................................................................................................ 59,328.83

29,000 - 38,999 ................................................................................................ 64,776.16

39,000 - 49,999 ................................................................................................ 70,227.59

50,000 - 74,999 ................................................................................................ 75,674.90

75,000 - 99,999 ................................................................................................ 78,247.21

100,000 - 149,999 .............................................................................................. 80,819.51

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150,000 - 199,999 .............................................................................................. 83,695.91
200,000 - 249,999 .............................................................................................. 86,572.30
250,000 - 299,999 .............................................................................................. 94,759.02
300,000 - 399,999 ............................................................................................ 105,822.14
400,000 - 499,999 ............................................................................................ 109,931.24
500,000 or more............................................................................................... 114,040.36
(2) On and after July 1, 2006, whenever Whenever the state employees in the classified service of the State Personnel Administration subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-ofliving increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-ofliving increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 1516-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-ofliving increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriff's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriff's salary in the manner

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authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff. (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 15-16-20.1, as increased by paragraph (2) of subsection (a) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any sheriff after December 31, 1976, effective the first day of January following the completion of each such period of service. (c) The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Code section. (d) This Code section shall not be construed to reduce the salary of any sheriff in office on July 1, 1991; provided, however, that successors to such sheriffs in office on July 1, 1991, shall be governed by the provisions of this Code section. All local legislation in effect on July 1, 1971, or enacted thereafter affecting compensation for sheriffs of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail. (e) In addition to any salary or fees now or hereafter provided by law, the governing authority of each county is authorized to provide, as an operating expense of the sheriff's office and payable from county funds, a monthly vehicle allowance to the sheriff of that county when the sheriff's personally owned vehicle is used in the carrying out of the duties of the sheriff's office. If a vehicle allowance is so provided, it shall be in an amount determined by agreement among the budget officer of the county, as provided in Chapter 81 of Title 36, the county governing authority, and the sheriff."
SECTION 2-17. Said Title 15 is further amended by revising Code Section 15-18-19, relating to state paid personnel, powers, policies relating to, authorized leave, and salary schedules, as follows:
"15-18-19. (a) All state paid personnel employed by the district attorneys pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution of Georgia and shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2. (b) Personnel employed by the district attorneys pursuant to this article shall have such authority, duties, powers, and responsibilities as are authorized by law or as assigned by the district attorney and shall serve at the pleasure of the district attorney. (c) Subject to the provisions of this chapter, the Prosecuting Attorneys' Council of the State of Georgia shall, with the advice and consent of a majority of the district attorneys, adopt and amend uniform policies, rules, and regulations which shall apply to all state paid personnel employed by the district attorneys. Such policies, rules, and

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regulations may include provisions for the appointment, classification, promotion, transfer, demotion, leave, travel, records, reports, and training of personnel. Such policies, rules, and regulations shall be consistent with the duties, responsibilities, and powers of the district attorneys under the Constitution and laws of this state and the rules of the trial and appellate courts. Not less than 30 days prior to taking final action on any proposed policy, rule, or regulation adopted pursuant to this Code section, or any amendment thereto, the council shall transmit a copy of said policy, rule, regulation, or amendment to all district attorneys and the presiding officers of the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate. (d) District attorneys and state paid personnel employed by the district attorney shall be entitled to annual, sick, and other leave authorized by the policies, rules, or regulations adopted by the council pursuant to subsection (a) of this Code section. Subject to the provisions of Code Section 47-2-91, district attorneys who are members of either the District Attorneys' Retirement System or the Employees' Retirement System of Georgia shall also be entitled to receive creditable service for any forfeited annual or sick leave.
(e)(1) The council shall establish salary schedules for each such state paid position authorized by this article or any other provision of law. Said salary schedules shall be similar to the general and special schedules adopted by applicable to state employees pursuant to the rules of the State Personnel Administration Board and shall provide for a minimum entry step and not less than ten additional steps, not to exceed the maximum allowable salary. In establishing the salary schedule, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary schedule to include across-the-board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The district attorney shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the class to which such person is appointed and the appropriate step of the salary schedule. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be advanced one step at the first of the calendar month following the annual anniversary of such person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay schedule. (4) Any reduction in salary shall be made in accordance with the salary schedule for such position and the policies, rules, or regulations adopted by the council. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Prosecuting Attorneys' Council of the State of Georgia as provided by this subsection from funds appropriated for such purpose. The council may authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45.

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(6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the district attorney, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article."
SECTION 2-18. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-12-25, relating to salary of public defender and private practice prohibited, as follows:
"17-12-25. (a) Each circuit public defender shall receive an annual salary of $87,593.58, and costof-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees of the State Personnel Administration as defined by Code Section 45-20-2 are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit or serve concurrently in any judicial office."
SECTION 2-19. Said Title 17 is further amended by revising Code Section 17-12-27, relating to appointment of assistant public defenders, salary, and promotions, as follows:
"17-12-27. (a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint:
(1) One assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges; and (2) Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant public defenders as may be authorized by the council. In authorizing additional assistant public defenders, the council shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit

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public defenders and the effectiveness of providing adequate legal defense for indigent defendants. (b) Each assistant public defender appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The jobs of assistant public defenders and the minimum qualifications required for appointment or promotion to each job shall be established by the council based on education, training, and experience and in accordance with the provisions of Code Sections 17-12-30 and 17-12-34. (c) Each assistant public defender appointed pursuant to this Code section shall be compensated based on a salary range established in accordance with subsection (c) of Code Section 17-12-30. The salary range for each job established in accordance with subsection (b) of this Code section shall be as follows: (1) Assistant public defender I. Not less than $38,124.00 nor more than 65 percent of the compensation of the circuit public defender; (2) Assistant public defender II. Not less than $40,884.00 nor more than 70 percent of the compensation of the circuit public defender; (3) Assistant public defender III. Not less than $45,108.00 nor more than 80 percent of the compensation of the circuit public defender; and (4) Assistant public defender IV. Not less than $52,176.00 nor more than 90 percent of the compensation of the circuit public defender. (d) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the circuit public defender in writing in accordance with the provisions of Code Section 17-12-30. (e)(1) All salary advancements shall be based on quality of work, education, and performance. (2) The salary of an assistant public defender appointed pursuant to this Code section may be increased at the first of the calendar month following the anniversary of his or her appointment. (3) The salary of any assistant public defender who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be increased effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's job classification. (f) Any assistant public defender appointed pursuant to this Code section may be promoted to the next highest job at any time the attorney meets the minimum qualifications for such job, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the job from which the attorney is to be promoted. When an assistant public defender is promoted to the next highest job, the assistant public defender shall enter the higher job at an annual salary greater than the

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annual salary the assistant public defender was receiving immediately prior to the promotion. (g) All full-time state paid employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Personnel Administration as defined by Chapter of Title 45 with all benefits of such appointed state employees as provided by law. A circuit public defender, assistant public defender, or local public defender may be issued an employee identification card by his or her employing agency; provided, however, that no employer of any such public defender shall issue nor shall any public defender display, wear, or carry any badge, shield, card, or other item that is similar to a law enforcement officer's badge or that could be reasonably construed to indicate that the public defender is a peace officer or law enforcement official. (h) Notwithstanding the provisions of subsection (g) of this Code section, an employee of a local public defender office who was an employee of the office on June 30, 2004, and who becomes a circuit public defender or an employee of a circuit public defender office before July 1, 2005, may elect, with the consent of the former employer and the consent of the council, to remain an employee of the entity for which the employee worked as a local public defender; and such entity shall be his or her employer for all purposes, including, without limitation, compensation and employee benefits. The right to make an election pursuant to this subsection shall expire on July 1, 2005. The council shall reimburse the appropriate entity for compensation, benefits, and employer contributions under the federal Social Security Act, but the total payment from the council to the entity on behalf of the employee shall not exceed the amount otherwise payable to or for the employee under the circumstance where the employee had become a state employee."
SECTION 2-20. Said Title 17 is further amended by revising Code Section 17-12-30, relating to classification of personnel, responsibilities, compensation, and local supplements, as follows:
"17-12-30. (a) All state paid personnel employed by the circuit public defenders pursuant to this article shall be employees of the executive branch of state government and shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2. (b) Personnel employed by the circuit public defenders pursuant to this article shall have the authority, duties, powers, and responsibilities as are authorized by law or as assigned by the circuit public defender and shall serve at the pleasure of the circuit public defender.
(c)(1) The council shall establish salary ranges for each state paid position authorized by this article or any other provision of law. Salary ranges shall be similar to the state-wide and senior executive ranges adopted by pursuant to the rules of the State Personnel Administration Board and shall provide for minimum, midpoint, and

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maximum salaries not to exceed the maximum allowable salary. In establishing the salary ranges, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary ranges to include across-the-board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The circuit public defender shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the job to which the person is appointed and the appropriate salary range. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be increased at the first of the calendar month following the annual anniversary of the person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay range. (4) Any reduction in salary shall be made in accordance with the salary range for the position and the policies adopted by the council. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the council as provided by this subsection from funds appropriated for such purpose. The council may authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45. (6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the circuit public defender, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article."
SECTION 2-21. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-1A-3, relating to director and board of early care and learning, duties and powers, salary, personnel, and rules and regulations, as follows:
"20-1A-3. (a) There is created a Board of Early Care and Learning and a commissioner of early care and learning. (b) The board shall consist of one member from each congressional district appointed by the Governor. In as far as it is practical, the members of the board shall be representative of all areas and functions encompassed within the early childhood care and education community. In appointing members to their initial terms, the Governor shall designate five members for two-year terms, four members for three-year terms, and four members for five-year terms. Subsequent appointments shall be for five-year terms. Members shall serve until their successors are appointed. In the event of a vacancy on the board for any reason other than expiration of a term, the Governor shall

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appoint a person from the same congressional district to fill the vacancy for the unexpired term. (c) The board shall elect from its members a chairperson and such other officers as the board considers necessary. The board shall adopt bylaws for the conduct of its activities. The members of the board shall receive per diem and expense reimbursement as shall be determined and approved by the Office of Planning and Budget in conformity with rates and allowances determined for members of other state boards. (d) The board shall determine policies and promulgate rules and regulations for the operation of the department including:
(1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17. (e) The board shall oversee the budget of the department and shall submit an annual request for funding to the Office of Planning and Budget in accordance with Code Section 45-12-78. (f) The commissioner shall be the chief administrative and executive officer of the department. The commissioner shall be appointed by and serve at the pleasure of the Governor. The commissioner shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2 and shall receive a salary to be determined by the Governor. (g) The commissioner shall have the authority to employ all personnel of the department, subject to the provisions of this chapter, all applicable provisions of other laws governing public employment, and the policies, procedures, rules, and regulations of the board."
SECTION 2-22. Said Title 20 is further amended by revising Code Section 20-1A-8, relating to transfer of functions, powers, personnel, equipment, and assets to department, and funding, as follows:
"20-1A-8. (a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code

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section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources, (now known as the Department of Human Services) which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the commissioner, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency. (d) Employees of the department shall serve in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-6 45-20-2. Persons who have transferred to the department pursuant to subsections (a) and (b) of this Code section who are in the classified service of the State Personnel Administration as defined by Code Section 45-20-2 at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service. (e) All rights, credits, and funds in the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 which are possessed by state personnel transferred by provisions of this Code section to the department, or otherwise held by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. No employment benefit of any employee transferring to the department shall be impaired. (f) Funding for functions and positions transferred to the department under this Code section shall be transferred as provided in Code Section 45-12-90."

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SECTION 2-23. Said Title 20 is further amended by revising Code Section 20-2-302, relating to funds for operation of schools for deaf and blind persons, as follows:
"20-2-302. (a) The State Board of Education shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly shall be made available for the operation of these schools under rules and regulations prescribed by the state board. (b) Employees of the state schools for the deaf and blind governed by the State Board of Education shall serve in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-6 45-20-2, provided that employees who serve in the classified service of the State Personnel Administration as defined by Code Section 45-20-6 45-20-2 may elect to remain in the classified service and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service. (c) The State Board of Education may delegate to the State School Superintendent the authority to employ and dismiss employees at the state schools for the deaf and blind."
SECTION 2-24. Said Title 20 is further amended by revising Code Section 20-3-39, relating to reassignment of responsibilities for operation and management of public libraries, employees, transfer of funding, and rules and regulations, as follows:
"20-3-39. (a) Effective July 1, 2000, the board of regents shall carry out all the functions and exercise all of the powers formerly held by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, for the operation and management of public library services and public libraries. Subject to subsection (b) of this Code section, all persons employed by and positions authorized for the Department of Technical and Adult Education, now known as the Technical College System of Georgia, to perform these functions on June 30, 2000, shall, on July 1, 2000, be transferred to the board of regents. All office equipment, furniture, and other assets in possession of the Department of Technical and Adult Education, now known as the Technical College System of Georgia, which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the board of regents on July 1, 2000. (b) All transfers of employees and assets provided for in subsection (a) of this Code section shall be subject to the approval of the board of regents, and such personnel or assets shall not be transferred if the board of regents determines that a specific employee or asset should remain with the transferring agency. (c) Employees who are transferred to the board of regents pursuant to this Code section shall be subject to the employment practices and policies of the board on and after July 1, 2000, but the compensation and benefits of such transferred employees shall not be

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reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the board of regents shall retain all existing rights under the State Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2000, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2000. Accrued annual and sick leave possessed by said employees on June 30, 2000, shall be retained by said employees as employees of the board. (d) Funding for functions and positions transferred to the board of regents under this Code section shall be transferred as provided in Code Section 45-12-90. (e) The board of regents shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Technical and Adult Education, now known as the Technical College System of Georgia, where applicable, which are in effect on June 30, 2000, and which relate to the functions transferred to the board. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board of regents."
SECTION 2-25. Said Title 20 is further amended by revising Code Section 20-3-250.24, relating to compensation and benefits of commission employees, as follows:
"20-3-250.24. (a) All employees of the commission shall be subject to and covered by Article 1 of Chapter 20 of Title 45, but the position of executive director and such other employee positions as may be determined by the commission to be exempt from the classified service pursuant to that article shall be exempt unclassified positions, and the commission shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions. All full-time employees of the commission shall be members of the Employees' Retirement System of Georgia, except for members of the Teachers Retirement System of Georgia who, without any break in service, become full-time employees of the commission. Such employees shall continue as members of the Teachers Retirement System of Georgia. (b) Those positions and employees of the Department of Education which are assigned the sole responsibility for management, professional, and clerical services to nonpublic postsecondary schools and proprietary schools programs are transferred to the commission. All such employees transferred to the commission shall retain all existing rights under the rules of the State Personnel Administration Board, the Employees' Retirement System of Georgia, and the Teachers Retirement System of Georgia."
SECTION 2-26. Said Title 20 is further amended by revising Code Section 20-3-329, relating to employees of commission transferred to authority, status of authority employees hired

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after July 1, 1996, status of transferred employees, and benefits of transferred employees not impaired, as follows:
"20-3-329. (a) All employees of the commission shall, on July 1, 1996, become employees of the authority, subject to the operating needs of the authority. Any employees of the commission whom the director gives the opportunity to elect to be transferred to the authority on July 1, 1996, shall be subject to the operating needs of the authority. (b) Except for persons who transfer to the authority pursuant to subsection (a) of this Code section, no person who becomes an employee of the authority on or after July 1, 1996, shall be considered a state employee, or subject to the State Personnel Administration under Chapter 20 of Title 45. No no such person shall be considered an 'employee' within the meaning of Chapter 2 of Title 47, and no such person shall be entitled to membership in the Employees' Retirement System of Georgia. (c) All persons who transfer to the authority pursuant to subsection (a) of this Code section and who, immediately prior to such transfer, are state employees in the unclassified service of the State Personnel Administration as defined in Code Section 45-20-2 shall remain in the unclassified service of the State Personnel Administration. All such persons who, immediately prior to the transfer, are state employees in the classified service of the State Personnel Administration as defined in Code Section 4520-2 may elect to remain in the classified service and be governed by the relevant provisions of the State Personnel Administration; provided, however, that if any such person accepts a promotion or transfer to another position, he or she shall become an employee in the unclassified service for purposes of benefits administered pursuant to the State Personnel Administration as defined by Code Section 45-20-2. (d) The rights and benefits in the Employees' Retirement System of Georgia and any employee benefits of any employee transferring to the authority pursuant to subsection (a) of this Code section shall not be impaired."
SECTION 2-27. Said Title 20 is further amended by revising Code Section 20-4-12, relating to expenses and mileage allowance, as follows:
"20-4-12. The members of the State Board of the Technical College System of Georgia who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the State Accounting Office in the same manner that state employees of the State Personnel Administration are reimbursed. For those State Board of the Technical College System of Georgia members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of the Technical College System of Georgia."

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SECTION 2-28. Said Title 20 is further amended by revising Code Section 20-4-17, relating to agencies to receive federal funds and transfer of personnel to Department of Technical and Adult Education, now known as Technical College System of Georgia, as follows:
"20-4-17. (a) The Department of Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, that those funds appropriated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the Department of Technical and Adult Education, now known as the Technical College System of Georgia; provided, further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of postsecondary technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the Technical College System of Georgia. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the rules of the State Personnel Administration Board. (b) The Department of Technical and Adult Education, now known as the Technical College System of Georgia, is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult literacy education programs. Those personnel positions authorized for fiscal year 1988 solely for the management, coordination, planning, evaluation, administration, and program improvement of adult literacy education programs, and associated office equipment and furniture, shall be transferred to the Department of Technical and Adult Education, now known as the Technical College System of Georgia. All officials and employees in such positions are also transferred to the Department of Technical and Adult Education, now known as the Technical College System of Georgia, and shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the rules of the State Personnel Administration Board."
SECTION 2-29. Said Title 20 is further amended by revising Code Section 20-4-27, relating to service in State Personnel Administration, as follows:
"20-4-27. Employees of postsecondary technical schools governed by the Technical College System of Georgia shall serve in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-6 45-20-2, provided that employees who serve in the classified service of the State Personnel Administration as defined by

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Code Section 45-20-6 45-20-2 may elect to remain in the classified service, and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service."
SECTION 2-30. Said Title 20 is further amended by revising Code Section 20-4-30, relating to compensation of classified employees electing to become unclassified, as follows:
"20-4-30. Employees in the classified service of the State Personnel Administration as defined by Code Section 45-20-2 who are employed by postsecondary technical schools governed by the system who elect to become members of the unclassified service shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election."
SECTION 2-31. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising Code Section 21-5-30.2, relating to contributions by public agencies, as follows:
"21-5-30.2. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization or to any candidate for campaign purposes. (3) 'Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2 of this title. (4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as

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contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee. (5) 'Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office. (6) 'Public meeting place' means any county, municipal, or other public building suitable and ordinarily used for public gatherings. (b) No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization or to any candidate; but nothing in this Code section shall prohibit the furnishing of office space, facilities, equipment, goods, or services to a public officer for use by the public officer in such officer's fulfillment of such office. (c) No campaign committee, political action committee, or political organization or candidate shall accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in this Code section shall be construed to: (1) Affect the authority of the State Personnel Board regarding the regulation of certain political activities of public employees in the classified service of the State Personnel Administration as defined by Code Section 45-20-2; (2) Affect the authority of any agency regarding the regulation of the political activities of such agency's employees; (3) Affect the use of the capitol building and grounds as specified in Code Section 50-16-4; or (4) Prohibit the use of public meeting places by political organizations when such meeting places are made available to different political organizations on an equal basis; provided, however, that this paragraph shall not be construed to create a right for a political organization to use a public meeting place."
SECTION 2-32. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-16, relating to conservation officers, qualifications, appointment, supervisory personnel, and retention of badge and weapon upon disability retirement, as follows:
"27-1-16. (a) Within the department is established a unit of peace officers to be known as conservation rangers. All such conservation rangers shall be at least 21 years of age. Such unit of peace officers shall include, but not be limited to, the commissioner and other supervisory personnel; provided, however, that the commissioner and the director of the division to which peace officer functions are assigned shall be excluded from the classified service under the State Personnel Administration as provided for in Chapter 20 of Title 45 as defined by Code Section 45-20-2 unless otherwise provided by law. The commissioner shall have the power to appoint such a number of conservation rangers of the state at large, as may be necessary to carry out the duties assigned to

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them, who shall be charged with the law enforcement responsibilities pertaining to the department. (b) After a conservation ranger has accumulated 25 years of service with the department as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. (c) As used in this subsection, the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When a conservation ranger leaves the department as a result of a disability arising in the line of duty, such conservation ranger shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner."
SECTION 2-33. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-2-5, relating to transfer of personnel and functions, conforming to federal standards of personnel administration, existing procedures, regulations, agreements, and rules adoption and implementation, as follows:
"31-2-5. (a) All persons employed in a predecessor agency or unit on June 30, 2009, shall, on July 1, 2009, become employees of the department. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the department.
(b)(1) The department shall conform to federal standards for a merit system of personnel administration in any respects necessary for receiving federal grants, and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (2) The department is authorized to employ, on a full-time or part-time basis, such medical, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary.

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(3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules of the State Personnel Board. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. (c) The department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the predecessor agency or unit which were in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. Rules of the department shall be adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only rules promulgated pursuant to Chapter 6 of this title shall be subject to the provisions of Code Section 31-6-21.1. (d) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by any predecessor agency or unit and which pertain to the functions transferred to the department by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the department. In all such instances, the Department of Community Health shall be substituted for the predecessor agency or unit, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (e) On July 1, 2009, the department shall receive custody of the state owned real property in the custody of the predecessor agency or unit on June 30, 2009, and which pertains to the functions transferred to the department by this chapter."
SECTION 2-34. Said Title 31 is further amended by revising Code Section 31-2A-3, relating to Department of Public Health successor to certain rules, regulations, policies, procedures, administrative orders, rights, interests, and obligations of Department of Community Health, as follows:
"31-2A-3. (a) The Department of Public Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Community Health that are in effect on June 30, 2011, or scheduled to go into effect on or after July 1, 2011, and which relate to the functions transferred to the Department of Public Health pursuant to

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Code Section 31-2A-2 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Community Health that are in effect on June 30, 2011, which relate to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Public Health by proper authority or as otherwise provided by law. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions as identified by the Office of Planning and Budget entered into before July 1, 2011, by the Department of Community Health which relate to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2 shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Public Health. In all such instances, the Department of Public Health shall be substituted for the Department of Community Health, and the Department of Public Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Community Health in capacities which relate to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2 on June 30, 2011, shall, on July 1, 2011, become employees of the Department of Public Health in similar capacities, as determined by the commissioner of public health. Such employees shall be subject to the employment practices and policies of the Department of Public Health on and after July 1, 2011, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration such rules. Accrued annual and sick leave possessed by the transferred employees on June 30, 2011, shall be retained by such employees as employees of the Department of Public Health. (d) On July 1, 2011, the Department of Public Health shall receive custody of the state owned real property in the custody of the Department of Community Health on June 30, 2011, and which pertains to the functions transferred to the Department of Public Health pursuant to Code Section 31-2A-2."
SECTION 2-35. Said Title 31 is further amended by revising Code Section 31-3-11, relating to appointments of director and staff and supervision, as follows:
"31-3-11. (a) The county board of health shall appoint as its chief executive officer a director who shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and who otherwise meets the requirements of the rules of the State Personnel Administration Board. The director, subject to the approval of the county board of

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health, shall designate aides and assistants pursuant to the budget adopted by the county board of health in accordance with Code Section 31-3-14. (b) Each employee of a county board of health whose duties include enforcing those environmental health laws of this state or environmental health regulations of that board of health relating to septic tanks or individual sewage management systems shall be subject to the direction and supervision of the district director of environmental health, although the hiring and termination from employment of such employee shall be subject to the director of that county board of health. The employment activities of such employee with regard to environmental health shall be reported to the director of environmental health through the district director of environmental health at least quarterly. The director of environmental health may recommend to that director of that county board of health personnel actions, including but not limited to termination, which the director of environmental health deems appropriate for such employee's failure or refusal to comply with the direction of the director of environmental health in the carrying out of the environmental health employment duties of such employee. As used in this subsection, the term 'director of environmental health' means the director of environmental health of the Department of Public Health."
SECTION 2-36. Said Title 31 is further amended by revising Code Section 31-3-15, relating to establishment of health districts, as follows:
"31-3-15. The department is authorized, with the consent of the boards of health and the county authorities of the counties involved, to establish health districts comprised composed of one or more counties. The county boards of health of the constituent counties shall, at the call of the commissioner, meet in joint session to approve the selection of a director appointed by the commissioner to serve such boards in common. A county board of health is authorized to appoint one of its members to represent the board at a joint meeting for this purpose. The director shall be a physician who is licensed to practice medicine under Chapter 34 of Title 43 and who otherwise meets the requirements of the rules of the State Personnel Administration Board. The district director shall have the same powers, duties, and responsibility as a director serving a single county board of health. To further the purposes of this Code section, county boards of health may contract with each other for the provision of multicounty services and also exercise any additional powers as authorized by paragraph (7) of subsection (a) of Code Section 313-4; and in the performance of such contracts a county board of health may utilize its employees in other counties."
SECTION 2-37. Said Title 31 is further amended by revising Code Section 31-7-17, relating to licensure and regulation of hospitals and related institutions transferred to Department of Community Health, as follows:

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"31-7-17. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of hospitals and related institutions pursuant to this article shall be transferred from the Department of Human Resources (now known as the Department of Human Services) to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health."

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SECTION 2-38. Said Title 31 is further amended by revising Code Section 31-7-159, relating to licensure and regulation of home health agencies transferred to Department of Community Health, as follows:
"31-7-159. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of home health agencies pursuant to this article shall be transferred from the Department of Human Resources (now known as the Department of Human Services) to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same

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status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health."
SECTION 2-39. Said Title 31 is further amended by revising Code Section 31-7-265, relating to facility licensing and employee records checks for personal care homes transferred to Department of Community Health, as follows:
"31-7-265. (a) Effective July 1, 2009, all matters relating to facility licensing and employee records checks for personal care homes pursuant to this article shall be transferred from the Department of Human Resources (now known as the Department of Human Services) to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State

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Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health."
SECTION 2-40. Said Title 31 is further amended by revising Code Section 31-7-308, relating to licensure and regulation of private home care providers transferred to Department of Community Health, as follows:
"31-7-308. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of private home care providers pursuant to this article shall be transferred from the Department of Human Resources (now known as the Department of Human Services) to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and

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after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health."
SECTION 2-41. Said Title 31 is further amended by revising Code Section 31-10-4, relating to appointment of state registrar of vital records, as follows:
"31-10-4. The commissioner shall appoint the state registrar of vital records, hereinafter referred to as 'state registrar,' subject to the rules and regulations of the State Personnel Administration Board, classified service."
SECTION 2-42. Said Title 31 is further amended by revising Code Section 31-29-6, relating to rights of employees under State Personnel Administration, as follows:
"31-29-6. Any employee of any state institution, agency, or department who qualifies under Code Section 31-29-1 shall be given credit for all salary adjustments and the same eligibility for step increases to which he or she would have been entitled under the rules of the State Personnel Administration Board had he or she not contracted tuberculosis or infectious hepatitis and had he or she remained on the job full time in the same capacity and with the same status as he or she had previously attained."
SECTION 2-43. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-9-52, relating to officials, personnel, and employees subject to State Personnel Administration and compensation of board members and administrative law judges, as follows:
"34-9-52. (a) All members of the board, including the chairman chairperson thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the laws and rules and regulations of the State Personnel Administration Board. The salaries of all members of the board, including the chairman chairperson thereof, shall be as provided in this Code section. The chairman chairperson and each member of the board shall receive an annual salary which is equal to 90 percent of the base annual

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salary plus cost-of-living adjustments provided in Code Section 45-7-4 for each Judge of the Court of Appeals.
(b)(1) Each administrative law judge, whose method of appointment, removal, and terms of office shall remain as now provided by law, shall be in the unclassified service as defined in Code Section 45-20-2, except for certain compensation purposes, shall not be subject to the laws, rules, and regulations of the State Personnel Administration Board. The compensation of the administrative law judges shall be fixed by the board based on a pay grade of the general pay schedule issued pursuant to the rules and regulations of the State Personnel Administration Board and each administrative law judge shall be eligible for increases in compensation as established on the general pay schedule, subject to the review and approval of the board. (1)(2) Each administrative law judge employed by the board shall be entitled to any annual cost-of-living adjustment increases provided for all state employees. (2)(3) All administrative law judges appointed prior to January 1, 1990, shall be placed on the same pay grade of the general pay schedule and at the step which is the equivalent of one full step above their salary as established on July 1, 1989. (c) As a cost-of-living adjustment, the annual base salary of all of the members of the board, including the chairman chairperson thereof, shall be increased by the same percentage provided to state officials by subsection (b) of Code Section 45-7-4. (d) All other officials, personnel, and employees of the board are placed under the State Personnel Administration and shall be subject to the laws, rules, and regulations relative to that system of the State Personnel Board."
SECTION 2-44. Said Title 34 is further amended by revising Code Section 34-9-355, relating to appointment of administrator, State Personnel Administration coverage, administration of article, and members of retirement system, as follows:
"34-9-355. (a) The board of trustees shall appoint the administrator of the fund, and he or she shall serve at the pleasure of the trustees and without term of office. All officials, personnel, and employees of the Board of Trustees of the Subsequent Injury Trust Fund are placed in the classified service of the State Personnel Administration as defined by Code Section 45-20-2 unless otherwise excluded under the authority of Code Sections 45-201 through 45-20-11 and 45-20-14 or other statutory authority by law; provided, however, that except for purposes of determining compensation, the administrator shall not be in the classified service of the State Personnel Administration. (b) The administrator shall administer this article under such policies and rules and regulations as may be adopted by the trustees and shall be authorized to hire such personnel as may be necessary to carry out the purposes of the fund. (c) All employees of the fund shall be deemed to be employees of the state and, as such, members of the Employees' Retirement System of Georgia."

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SECTION 2-45. Said Title 34 is further amended by revising Code Section 34-15-2, relating to July transfer of Division of Rehabilitation Services to the Department of Labor, as follows:
"34-15-2. (a) The Division of Rehabilitation Services within the Department of Human Resources (now known as the Department of Human Services), including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources (now known as the Board of Human Services) or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001. (b) The Department of Labor shall, from July 1, 2001, assume possession and control of all records, papers, equipment, supplies, office space, and all other tangible property possessed and controlled by the Department of Human Resources as of June 30, 2001, in the Department of Human Resources' administration of the Division of Rehabilitation Services. All funds attributable to the Division of Rehabilitation Services and its programs and institutions from state, federal, and any other public or private source, shall be transferred to the Department of Labor on July 1, 2001. (c) The Department of Human Resources shall calculate, in consultation with the Department of Labor, the amount of all funds of or attributable to the Division of Rehabilitation Services and its programs and institutions from any source that are used to provide administrative or other services within the Department of Human Resources, including funds from the disability adjudication section, the cost allocation system, and any indirect costs funding from the federal government or any other source. The amount calculated shall be transferred to the Department of Labor on July 1, 2001. Any changes or amendments made to the structure or placement of division programs and institutions, the allocation and expenditure of division funds, division rules, regulations, policies and procedures, or the administrative orders of the Department of Human Resources pertaining to the division, between May 1, 2000, and July 1, 2001, shall be made in consultation with the Commissioner of Labor. In addition, on and after May 1, 2000, the Department of Human Resources shall make available to the Department of Labor all records and information of the Department of Human Resources and the Division of Rehabilitation Services which relate to the functions, duties, and administration of the division, to assist in the orderly transfer of the division to the Department of Labor. (d) All officers, employees, and agents of the Division of Rehabilitation Services who, on June 30, 2001, are engaged in the performance of a function or duty which shall be

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vested in the Division of Rehabilitation Services of the Department of Labor on July 1, 2001, by this chapter, shall be automatically transferred to the Department of Labor on July 1, 2001. An equivalent number of positions or funds of the Department of Human Resources which provide administrative support to the Division of Rehabilitation Services shall be transferred to the Department of Labor on July 1, 2001. Such persons shall be subject to the employment practices and policies of the Department of Labor on and after July 1, 2001, but consistent with the compensation and benefits of other employees of that department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the rules of the State Personnel Administration Board and who are transferred to the Division of Rehabilitation Services of the Department of Labor shall retain all existing rights under the State Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2001, shall not be impaired or interrupted by the transfer of such employees, and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2001. Accrued annual and sick leave shall be retained by said employees as employees of the Department of Labor. The Department of Human Resources shall be responsible for payment of the accrued Fair Labor Standards Act compensatory time possessed by said employees. Such accrued compensatory time shall be used by or paid to said employees prior to July 1, 2001.
(e)(1) The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the vocational rehabilitation program. (2) The Division of Rehabilitation Services of the Department of Labor shall conform to federal standards in all respects necessary for receiving federal grants and the Commissioner of the Department of Labor is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (3) The Division of Rehabilitation Services of the Department of Labor is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the division under this chapter. The division is also authorized to contract for such professional services as may be necessary. (4) Classified employees of the Division of Rehabilitation Services of the Department of Labor under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Personnel Administration Board. (5) All personnel of the Division of Rehabilitation Services of the Department of Labor are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Labor, or otherwise had by persons at the time of

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employment with that department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Division of Rehabilitation Services of the Department of Labor. (f) The Department of Labor shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources which are in effect on June 30, 2001, and which relate to the functions of the Division of Rehabilitation Services. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. (g) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2001, by the Department of Human Resources or the Division of Rehabilitation Services pertaining to the Division of Rehabilitation Services transferred to the Department of Labor by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Labor. In all such instances, the Department of Labor shall be substituted for the Department of Human Resources or the Division of Rehabilitation Services, and the Department of Labor shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (h) The Division of Rehabilitation Services of the Department of Labor shall conform all service delivery regions to the state service delivery regions provided in subsection (a) of Code Section 50-4-7."
SECTION 2-46. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising Code Section 35-1-6, relating to appointment of nonuniformed investigators, salaries, status, assignment, and powers, as follows:
"35-1-6. (a) The commissioner is authorized to appoint five nonuniformed investigators who shall be certified peace officers pursuant to Chapter 8 of this title, the 'Georgia Peace Officer Standards and Training Act.' The commissioner shall determine the salaries of such investigators. The investigators shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2 and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board, the State Personnel Administration, or any successor boards or agencies. The investigators shall be assigned to the Internal Affairs Section of the Department of Public Safety in the office of the commissioner at the department's headquarters complex. (b) The investigators shall have full arrest powers in cases involving internal affairs and in such cases shall be authorized:

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(1) To investigate crimes committed anywhere in the state; (2) To arrest any person violating the criminal laws of this state; (3) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (4) To enforce in general the criminal laws of this state; and (5) To carry firearms while performing their duties."
SECTION 2-47. Said Title 35 is further amended by revising Code Section 35-2-46, relating to dismissal of officers, troopers, and communications officers, as follows:
"35-2-46. All officers, troopers, and communications officers who are in the classified service of the State Personnel Administration as defined by Code Section 45-20-2 may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder."
SECTION 2-48. Said Title 35 is further amended by revising Code Section 35-2-47, relating to suspension pending dismissal, as follows:
"35-2-47. All officers, troopers, and communications officers who are in the classified service of the State Personnel Administration as defined by Code Section 45-20-2 may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder."
SECTION 2-49. Said Title 35 is further amended by revising Code Section 35-2-74, relating to the Governor to prescribe coverage by State Personnel Administration, as follows:
"35-2-74. (a) The Governor is authorized, in his discretion, to direct by executive order that the employees of the Security Guard Division shall be covered by the rules of the State Personnel Administration Board and in such order shall specify the date on which the system rules shall become applicable to such personnel. (b) The application of the rules of the State Personnel Administration Board to employees of the Security Guard Division shall not affect any other personnel of the Department of Public Safety."
SECTION 2-50. Said Title 35 is further amended by revising Code Section 35-3-6, relating to the director, classification in State Personnel Administration, and compensation, as follows:

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"35-3-6. The director shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2 and his or her compensation shall be fixed by the board."
SECTION 2-51. Said Title 35 is further amended by revising Code Section 35-3-9, relating to narcotics agents, as follows:
"35-3-9. (a) The director is authorized to retain on a contractual basis such persons as he or she shall deem necessary to detect and apprehend violators of the criminal statutes of this state pertaining to the possession, sale, or use of narcotics or other dangerous drugs. (b) Those persons contracting with the director pursuant to subsection (a) of this Code section shall be known as narcotics agents. (c) The investigative services provided for in this Code section shall be designed to support local law enforcement efforts. The director shall, with the advice and consent of the board, appoint a three-member priority committee comprised composed of a representative from the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, and the District Attorneys Association. The committee shall establish priorities for use of investigative resources and determine the bona fide nature of requests for assistance. The recommendations of the committee shall be followed by the director except where otherwise expressly authorized by the board. (d) Narcotics agents shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the director. (e) No person shall be a narcotics agent unless he is at least 18 years of age. (f) The director shall conduct a background investigation of all potential narcotics agents. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the board. (g) Any matters pertaining to narcotics agents shall be exempt from Chapter 14 of Title 50, relating to meetings open to the public. (h) Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2 and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board, the State Personnel Administration, or any successor boards or agencies.

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(i) The director shall have all powers necessary and incidental to the effective operation of this Code section."
SECTION 2-52. Said Title 35 is further amended by revising Code Section 35-3-11, relating to applicability to agents of bureau of rules of State Personnel Board and State Personnel Administration, and retention of badge and weapon by disabled agent, as follows:
"35-3-11. (a) All agents of the bureau shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be established under such merit system controls as may be authorized by Chapter 20 of Title 45, relating to the State Personnel Board and the State Personnel Administration. (b) This Code section shall not apply to narcotics agents as provided for in Code Section 35-3-9. (c) As used in this subsection, the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When an agent of the bureau leaves the bureau as a result of a disability arising in the line of duty, such agent shall be entitled as part of such agent's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the director."
SECTION 2-53. Said Title 35 is further amended by revising Code Section 35-3-31, relating to establishment of center, staff and equipment generally, and State Personnel Administration status of personnel, as follows:
"35-3-31. (a) There is established for the state, within the Georgia Bureau of Investigation, a system for the intrastate communication of vital information relating to crimes, criminals, and criminal activity, to be known as the Georgia Crime Information Center. (b) Central responsibility for the development, maintenance, and operation of the center shall be vested with the director of the center with the assistance and guidance of the Georgia Crime Information Council, the establishment of which is provided for in Code Section 35-3-32. (c) The director of the center shall maintain the necessary staff along with support services to be procured within the Georgia state government, such as computer services from the Department of Administrative Services, physical space and logistic support from the Department of Public Safety, and other services or sources as necessary, to enable the effective and efficient performance of the duties and responsibilities ascribed to the center in this article. (d) All personnel of the center shall be administered according to appropriate special and standard schedules by issued pursuant to the rules of the State Personnel Administration Board with due recognition to be given by the latter to the special qualifications and availability of the types of individuals required in such an agency."

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SECTION 2-54. Said Title 35 is further amended by revising Code Section 35-3-81, relating to establishment, development, maintenance, operation of center, and staff, as follows:
"35-3-81. (a) There is authorized within the Georgia Bureau of Investigation the Missing Children Information Center. The center shall serve as a central repository of information regarding missing children and shall collect and disseminate such information as is necessary to assist in the location of missing children. (b) Central responsibility for the development, maintenance, and operation of the center shall be vested in the supervisor of the center who shall be appointed by the director of the Georgia Bureau of Investigation. (c) The supervisor of the center shall maintain the necessary staff along with support services to be procured within the Georgia state government to enable the effective and efficient performance of the duties and responsibilities assigned to the center in this article. (d) All personnel of the center shall be administered according to appropriate special and standard schedules by issued pursuant to the rules of the State Personnel Administration Board."
SECTION 2-55. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-5-28, relating to members of county governing authority to receive compensation increase when classified service employees receive increase, calculation, and effective date, as follows:
"36-5-28. On and after January 1, 2001, whenever Whenever the state employees in the classified service of the State Personnel Administration subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the compensation to which a member of a governing authority is entitled under general or local law shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount to which a member of a county governing authority is entitled under general or local law shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become

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effective on January 1, such periodic changes in the amount to which a member of a county governing authority is entitled under general or local law shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective."
SECTION 2-56. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Code Section 37-1-5, relating to department to succeed to applicable rules and regulations, transfer of rights, responsibilities, duties, personnel, and property, as follows:
"37-1-5. (a) The Department of Behavioral Health and Developmental Disabilities shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Behavioral Health and Developmental Disabilities by proper authority or as otherwise provided by law. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4 shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Behavioral Health and Developmental Disabilities. In all such instances, the Department of Behavioral Health and Developmental Disabilities shall be substituted for the Department of Human Resources, and the Department of Behavioral Health and Developmental Disabilities shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Behavioral Health and Developmental Disabilities in similar capacities, as determined by the commissioner of behavioral health and developmental disabilities. Such employees shall be subject to the employment practices and policies of the Department of Behavioral Health and Developmental Disabilities on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer.

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Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Behavioral Health and Developmental Disabilities. (d) On July 1, 2009, the Department of Behavioral Health and Developmental Disabilities shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4."
SECTION 2-57. Said Title 37 is further amended by revising Code Section 37-1-21, relating to institutional powers and duties, as follows:
"37-1-21. (a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; programs for the care, custody, and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties:
(1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries, other than the commissioner's salary, as provided for by the pay plan covering positions under the State Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising;

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(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; and (5) To have full authority to receive and treat patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section. (b) The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law."
SECTION 2-58. Said Title 37 is further amended by revising Code Section 37-2-6.1, relating to community service boards, program director, staff, budget, facilities, powers and duties, and exemption from state and local taxation, as follows:
"37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability and health services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions;

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(3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, that each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for so long as and to the extent that each employee of such board who is a covered employee as defined in Code Section 45-20-2 and is remains subject to the rules and regulations of the State Personnel Administration Board remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services or of health services; (9) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the department, Department of Human Services, Department of Public Health, or Department of Community Health, as appropriate; (10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services;

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(11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, that such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Personnel Administration regarding its personnel who remain in the classified service; (15)(14) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services, in accordance with the terms of contracts entered into with the department, Department of Human Services, Department of Public Health, or Department of Community Health, as appropriate; (16)(15) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17)(16) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and

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(18)(17) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services or of health services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services or of health services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board shall not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services or health services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) (15) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit

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corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability or health service professionals, and other providers of disability services or health services to arrange for the provision of disability services or health services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services or health services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability or health services related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care, disability services, or health services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care, disability service, or health service."
SECTION 2-59. Said Title 37 is further amended by revising Code Section 37-2-6.2, relating to employees whose jobs include duties or functions which became duties or functions of a community service board on July 1, 1994, rights, duties, and benefits of employees, as follows:

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"37-2-6.2. (a)(1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the rules of the State Personnel Administration Board and who are transferred to a community service board shall retain all existing rights under the State Personnel Administration such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 1994, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the department, Department of Human Services, or Department of Public Health, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Personnel Administration Board. (3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards.

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(b) As to those persons employed by the former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by:
(1) The department; (2) A regional board; (3) A community service board; (4) A hospital; (5) The Department of Human Services; (6) The Department of Public Health; or (7) Any private provider of disability services or health services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department, the Department of Human Services, or the Department of Public Health for the services which had been provided by the terminated state personnel."
SECTION 2-60. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended by revising Code Section 38-2-132, relating to administration of militia and Department of Defense, personnel, and State Personnel Administration, as follows:
"38-2-132. The militia of the state shall be commanded and its affairs administered pursuant to law by the Governor, as commander in chief, through the Department of Defense and the military division thereof which shall consist of the adjutant general, two assistant adjutants general, and such other officers, enlisted personnel, and civilian employees as the adjutant general shall from time to time prescribe; provided, however, that nothing herein in this Code section shall be construed to prejudice the status under the rules of the State Personnel Administration Board of any person employed in the Military Division, Department of Defense. Such other officers, enlisted personnel, and civilian employees shall perform such duties as may be required by the adjutant general who shall fix their compensation subject to the rules of the State Personnel Administration Board."
SECTION 2-61. Said Title 38 is further amended by revising Code Section 38-4-9, relating to the commissioner of veterans service, employment of personnel, preference to veterans,

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surviving spouses, and dependents, and advise Governor, board, and General Assembly, as follows:
"38-4-9. The commissioner of veterans service is authorized and directed to employ competent personnel to assist in the administration of the Department of Veterans Service. The commissioner shall give reasonable preference to veterans, their surviving spouses, and dependents in the matter of employment in the department; provided, however, that competency and efficiency shall not be sacrificed because of veteran affiliation, relationship, or service. It shall be the duty of the commissioner to advise the Governor, the Veterans Service Board, and the General Assembly as to needed veterans' legislation. As executive officer, the commissioner shall have exclusive authority to employ personnel necessary to carry out the purposes of this article and shall define the duties of employees, assign their official stations, and fix their compensation subject to the rules of the State Personnel Administration Board."
SECTION 2-62. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-15-4, relating to motorcycle safety coordinator authorized, duties, and requirements, as follows:
"40-15-4. (a) The commissioner shall appoint a state-wide motorcycle safety coordinator who shall carry out and enforce the provisions of this chapter and the rules and regulations of the department. The coordinator shall be placed in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2 and shall serve at the pleasure of the commissioner. (b) The coordinator shall also be authorized to:
(1) Promote motorcycle safety throughout the state; (2) Provide consultation to the various departments of state government and local political subdivisions relating to motorcycle safety; and (3) Do any other thing deemed necessary by the commissioner to promote motorcycle safety in the state."
SECTION 2-63. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-8-26, relating to qualifications of probation supervisors, compensation and expenses, conflicts of interest, and bonds, as follows:
"42-8-26. (a) In order for a person to hold the office of probation supervisor, he or she must be at least 21 years of age at the time of appointment and must have completed a standard two-year college course, provided that any person who is employed as a probation supervisor on or before July 1, 1972, shall not be required to meet the educational requirements specified in this Code section, nor shall he or she be prejudiced in any way for not possessing the requirements. The qualifications provided in this Code

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section are the minimum qualifications and the department is authorized to prescribe such additional and higher educational qualifications from time to time as it deems desirable, but not to exceed a four-year standard college course. (b) The compensation of the probation supervisors shall be set by pursuant to the rules of the State Personnel Board and the State Personnel Administration. Probation supervisors shall also be allowed travel and other expenses as are other state employees.
(c)(1) No supervisor shall engage in any other employment, business, or activities which interfere or conflict with his or her duties and responsibilities as probation supervisor. (2) No supervisor shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (3) No supervisor shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit any supervisor from furnishing any probationer, upon request, the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any supervisor violating this paragraph shall be guilty of a misdemeanor. (d) Each probation supervisor shall give bond in such amount as may be fixed by the department payable to the department for the use of the person or persons damaged by his or her misfeasance or malfeasance and conditioned on the faithful performance of his or her duties. The cost of the bond shall be paid by the department; provided, however, that the bond may be procured, either by the department or by the Department of Administrative Services, under a master policy or on a group blanket coverage basis, where only the number of positions in each judicial circuit and the amount of coverage for each position are listed in a schedule attached to the bond; and in such case each individual shall be fully bonded and bound as principal, together with the surety, by virtue of his or her holding the position or performing the duties of probation supervisor in the circuit or circuits, and his or her individual signature shall not be necessary for such bond to be valid in accordance with all the laws of this state. The bond or bonds shall be made payable to the department."
SECTION 2-64. 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 division director, members and meetings of professional licensing boards, examination standards, roster of licensees, and funding, as follows:
"43-1-2. (a)(1) There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division.

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(2) Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the jointsecretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary. (b) The salary of the division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State. (c) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the State Personnel Administration Board the qualifications of such personnel. (d) The division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the professional licensing boards. (e) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy division director and shall appoint executive directors as required who shall act in the absence of the division director and who shall perform such other functions of the division director under this chapter as the division director may designate. The deputy division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45. (f) Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director.

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(g) All meetings and hearings of the respective professional licensing boards shall be held in the capitol, at the site of the office of the respective board, or at such other site as may be requested by the chairperson or president of a professional licensing board and approved by the division director. (h) A majority of the appointed members of a professional licensing board shall constitute a quorum for the transaction of business by that board. (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. (i) A schedule of all meetings and hearings of the various professional licensing boards shall be maintained at the office of the division director and be available for public review. (j) The division director may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards 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. (k) The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made:
(1) Applications and other personal information submitted by applicants, except to the applicant, staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes.

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(l) Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'"
SECTION 2-65. Said Title 43 is further amended by revising Code Section 43-40-4, relating to the office of commissioner, qualifications, restrictions, staff, oath, duties and powers, and reimbursement, as follows:
"43-40-4. (a) There is established within the commission the office of real estate commissioner. (b) The commissioner shall be a full-time employee of the commission and shall serve as the chief executive officer of the commission. The commission shall in its discretion appoint the commissioner and fix his or her annual salary. Any person, in order to qualify for appointment to the office of commissioner, shall be a person of good moral character and shall possess such qualifications as the commission may require. The commissioner shall hold no interest in any real estate business or related business while serving as commissioner. The commissioner, with the approval of the commission, may employ and fix the compensation of a secretary, investigators, and other staff to assist him the commissioner in his or her duties. Such employees shall not be placed in the classified service of the State Personnel Administration as defined by Code Section 45-20-2, provided that nothing in this chapter shall be construed to affect any employee in the classified service of the State Personnel Administration as of July 1, 1981. (c) The commissioner shall take an oath to discharge faithfully the duties of his or her office. (d) The commissioner shall be charged with the duties and powers as delegated by the commission. (e) The commissioner shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of his or her duties, the same as other state officers and employees, and shall receive payment of the same in the manner provided for members of the commission."
SECTION 2-66. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code Section 45-1-4, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations, as follows:
"45-1-4. (a) As used in this Code section, the term:
(1) 'Government agency' means any agency of federal, state, or local government charged with the enforcement of laws, rules, or regulations. (2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance.

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(3) 'Public employee' means any person who is employed by the executive, judicial, or legislative branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state. This term also includes all employees, officials, and administrators of any agency covered under by the rules of the State Personnel Administration Board and any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (4) 'Public employer' means the executive, judicial, or legislative branch of the state; any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees; or any local or regional governmental entity that receives any funds from the State of Georgia or any state agency. (5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment for disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or government agency. (6) 'Supervisor' means any individual:
(A) To whom a public employer has given authority to direct and control the work performance of the affected public employee; (B) To whom a public employer has given authority to take corrective action regarding a violation of or noncompliance with a law, rule, or regulation of which the public employee complains; or (C) Who has been designated by a public employer to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation. (b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer. (c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure. (d)(1) No public employer shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency. (2) No public employer shall retaliate against a public employee for disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency, unless the disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity. (3) No public employer shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that

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the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation. (4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices which implement, or to actions by public employers against public employees who violate, privilege or confidentiality obligations recognized by constitutional, statutory, or common law. (e)(1) A public employee who has been the object of retaliation in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier. (2) In any action brought pursuant to this subsection, the court may order any or all of the following relief:
(A) An injunction restraining continued violation of this Code section; (B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position; (C) Reinstatement of full fringe benefits and seniority rights; (D) Compensation for lost wages, benefits, and other remuneration; and (E) Any other compensatory damages allowable at law. (f) A court may award reasonable attorney's fees, court costs, and expenses to a prevailing public employee."
SECTION 2-67. Said Title 45 is further amended by revising Code Section 45-2-41, relating to committee of doctors to develop fitness standards, licensed physician to make physical examination, contracts for assessments of employees, fee for committee members and consultants, and certification, as follows:
"45-2-41. (a) The commissioner of personnel administration administrative services, subject to the approval of the State Personnel Board, shall appoint up to five doctors of medicine licensed by the state and other specialists, as appropriate, to develop standards of medical and physical fitness required for persons about to be appointed to positions in the state service. Such standards shall be related to the duties required of specific positions in the state service. The commissioner of personnel administration administrative services shall develop the forms to secure the information needed to determine if prospective employees meet the medical and physical fitness standards required to perform the essential functions of the relevant position. (b) If a physical examination is required by the standards of medical and physical fitness, a licensed medical practitioner may perform the assessment and report the findings to a physician in the employ of or under contract with the state or respective employing department. The licensed medical practitioner may be of the applicant's choice and at the applicant's expense or may be a licensed physician in the employ of or under contract with the state or respective employing department. When the licensed physician is in the employ of or under contract with the state or respective employing

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department, the assessment and findings shall be made to the respective department and shall be final, except as provided in the State Personnel Board rules. (c) The commissioner of personnel administration administrative services may, through a competitive proposal process, enter into an agreement on behalf of the departments to contract with medical practitioners for the purpose of conducting assessments for medical and physical fitness as required by the standards of medical and physical fitness. In such case, each department may use the selected contractor as an expense of a departmental employee selection process or may recommend that prospective employees seek the examination at the contractor's site at the prospective employee's expense. If the prospective employee chooses to use a medical practitioner other than one selected by the department or under contract with the state on behalf of the department, the findings and recommendations of such other practitioner shall be furnished to the medical practitioner selected by the department or under contract with the state on behalf of the department for final determination of the medical and physical fitness of the prospective employee. Expenses for the medical practitioner under contract with the state on behalf of the department shall be paid by the respective employing department based upon the services provided by such medical practitioner. (d) The State Personnel Board is authorized to establish a fee and make payment of same to the consultants appointed by the commissioner of personnel administration administrative services for services rendered in the development of standards of medical and physical fitness for state employees; provided, however, that no state employee shall receive additional compensation for services as a consultant for developing the standards of medical and physical fitness. (e) The certification required by Code Section 45-2-40 shall be completed as required in the rules of the State Personnel Board; provided, however, that if a physical examination is required by the standards for medical and physical fitness, the physical examination shall be completed prior to the date of appointment, and the reporting of results shall occur within a prescribed number of calendar days from the date of appointment."
SECTION 2-68. Said Title 45 is further amended by revising Code Section 45-2-44, relating to State Personnel Board to adopt rules and regulations and expenditure of funds, as follows:
"45-2-44. The State Personnel Board, subject to the approval of the Governor, shall adopt and promulgate rules and regulations for the administration of this article. The board, through the commissioner of personnel administration administrative services, is authorized to expend allocated funds for the necessary forms and other incidental administrative expenses in effectuating this article. All other expenses shall be borne by the prospective employee or the respective employing department in accordance with the rules of the board."

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SECTION 2-69. Said Title 45 is further amended by revising Code Section 45-7-4, relating to annual salaries of certain state officials and cost-of-living adjustments, as follows:
"45-7-4. (a) The annual salary of each of the state officials listed below shall be as follows:
(1) Governor................................................................................................ $ 60,000.00
An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's mansion.
(2) Lieutenant Governor.............................................................................. 54,920.00
(3) Adjutant general
The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law.
(4) Commissioner of Agriculture................................................................ 100,429.00
(5) Attorney General ................................................................................... 114,633.00
(6) Reserved.
(7) Commissioner of Insurance................................................................... 100,396.00
(8) Reserved.
(9) Commissioner of Labor......................................................................... 100,418.00
The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government, and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(10) Reserved.
(11) Each member of the Public Service Commission ............................... 96,655.00
(12) Reserved.
(13) State School Superintendent................................................................ 102,708.00
(14) Secretary of State................................................................................. 102,708.00
(15) Reserved.
(16) Reserved.
(17) Reserved.

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(18) Each Justice of the Supreme Court ..................................................... 139,418.00

(19) Each Judge of the Court of Appeals.................................................... 138,556.00

(20) Each superior court judge.................................................................... 99,862.00

Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law.

(21) Each district attorney........................................................................... 107,905.00

Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law.

(22) Each member of the General Assembly..............................................
(A) Reserved. (B) Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be as provided in that Code section. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees. (C) In addition to any other compensation and allowances authorized for members of the General Assembly, each member may be reimbursed for per diem differential and for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $7,000.00 per year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, per diem differential, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, and purchasing or leasing of equipment. If equipment purchased by a member has a depreciated value of $100.00 or less when such member leaves office, the equipment does not need to be returned to the state. No reimbursement shall be made for any postage which is used for a political newsletter. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a

16,200.00

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supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No sworn voucher or supporting document shall be required for per diem differential. (D) The amount of per diem differential which may be claimed for each day under subparagraph (C) of this paragraph shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00; provided, however, that the general appropriations General Appropriations Act for any fiscal year may increase such amount of $119.00 per day to an amount not in excess of the federal per diem rate then in effect for the state capital as specified by the General Services Administration. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legislative fiscal office shall keep a record of the days for which per diem differential is so claimed and paid. (E) For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Any voucher or claim for any reimbursement for any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher or claim submitted after that date. Any amounts remaining in such expense account at the end of the first year of the two year biennium may be claimed for expenses incurred during the second year of the two year biennium. Any amounts remaining in any expense account which are not so claimed by April 15 of the year following the second year of the biennium and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted by the legislative fiscal office to the general fund of the state treasury. Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph, including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher or claim which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services

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Committee shall make the final determination. In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement or payment which was made in error shall be realized.
(23) Speaker of the House of Representatives............................................ 17,800.00
The Speaker of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. Upon the taking of office by the members of the General Assembly on the convening day of the regular session of the General Assembly in 1983, the annual salary of the Speaker of the House of Representatives shall become $22,800.00. After such date, the Speaker shall also receive as additional salary a sum equal to the amount of salary over $30,000.00 per annum which is received by the Lieutenant Governor as of that date or thereafter; and the salary of the Speaker shall be adjusted at the beginning of each term so as to include such additional sum.
(24) President Pro Tempore of the Senate .................................................. 4,800.00
The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly.
(25) Speaker Pro Tempore of the House of Representatives...................... 4,800.00
The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly.
(b) As a cost-of-living adjustment except as qualified below as to members and member-officers of the General Assembly, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government. However, any increase for such officials shall not include within-grade step increases for which classified employees of the State Personnel Administration employees subject to compensation plans authorized and approved in accordance with Code

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Section 45-20-4 are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except increases for members and member-officers of the General Assembly. That portion of the increase determined by the Legislative Services Committee to reflect a cost-of-living increase based upon objective economic criteria shall become effective for members and member-officers at the same time that funds are made available for the increase for such employees. The balance of the increase for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase. (c) The annual salary being received on June 30, 1980, shall be increased by 8 percent for each state official listed in subsection (a) of this Code section who:
(1) Is not a member of the General Assembly; and (2) Is not a contributing member of a state retirement system and, therefore, does not benefit by or participate in any program whereunder a portion of the employee contributions to the state retirement system are made on behalf of the employee by the employer."
SECTION 2-70. Said Title 45 is further amended by revising Code Section 45-7-54, relating to voluntary contributions by state government employees through payroll deductions to certain not for profit organizations, as follows:
"45-7-54. (a) Any department, agency, authority, or commission of the state is authorized to deduct designated amounts from the salaries or wages of its employees and remit such moneys to not for profit organizations, associations, or corporations providing tangible services and benefits to state government or its employees. Except as provided in subsection (b) of this Code section, no such deduction shall be made unless at least 2,500 of the full-time employees of the state request such deduction. Where 2,500 or more full-time employees of the state request payroll deduction services to any not for profit organization, association, or corporation having among its objectives educational, legislative, or professional development activities related to promoting and enhancing the efficiency, productivity, and welfare of state government services or of state government employees, then the state shall provide such deductions as an additional employment benefit to its employees. (b) Where 500 or more full-time state employees who are employed in the Division of Family and Children Services or in the law enforcement, corrections officer, or registered nursing disciplines request payroll deduction services to any not for profit association having among its specific objectives (1) professional development activities related to such employment, (2) the provision of assistance to or on behalf of persons who are killed, injured, in need of medical attention, or otherwise in need of assistance while engaged in such employment or as a result of such employment, or (3) promoting or enhancing law enforcement, corrections, or registered professional nursing in the

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State of Georgia, then the state shall provide such deductions as an additional employment benefit to its employees. This provision shall not be interpreted to require the agency or state to provide the funds for any employee's dues or contributions. (c) The commissioner of the State Personnel Administration administrative services shall have the authority to administer this Code section and to determine and compel compliance with its provisions. (d) No deduction shall be made under this Code section without the express written and voluntary consent of the employee. Each such request shall designate the exact amount to be deducted. Any employee who consents to such deduction is authorized to terminate the deduction with two weeks' written notice to the department, agency, authority, or commission. (e) No deduction shall be made under this Code section to any organization, association, or corporation which engages in collective bargaining with the state or encourages its members to strike or stop work. (f) Each department, agency, authority, or commission of the state shall collect from the deductions withheld a cost of administration fee not to exceed 1 percent of the total deduction collected. (g) No person shall disclose to any other person the name of any employee deducting amounts, or the organizations, associations, or corporations designated, except as is necessary to accomplish the purpose of this article or as otherwise authorized in writing by the individual employee. (h) Departments, agencies, authorities, and commissions and their employees shall not incur any liability for errors or omissions made in performance of the payroll deduction agreement between the state and the employee, provided that this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other intentional misappropriation of the money or property of another."
SECTION 2-71. Said Title 45 is further amended by revising Code Section 45-10-20, relating to definitions, as follows:
"45-10-20. As used in this part, the term:
(1) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia but shall not mean a political subdivision of the State of Georgia. (2) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (3) 'Employee' means any person who, pursuant to a written or oral contract, is employed by an agency. (4) 'Family' means spouse and dependents.

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(5) 'Full-time' means 30 hours of work for the state per week for more than 26 weeks per calendar year. (6) 'Limited powers' means those powers other than state-wide powers. (7) 'Part-time' means any amount of work other than full-time work. (8) 'Person' means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity. (9) 'Public official' means any person elected to a state office and means any person appointed to a state office where in the conduct of such office the person so appointed has administrative and discretionary authority to receive and expend public funds and to perform certain functions concerning the public which are assigned to him or her by law. (10) 'State-wide powers' means those powers exercised by public officials which affect and influence all of state government. Public officials who exercise such powers include but are not limited to the Governor, the Lieutenant Governor, members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, the Secretary of State, the Attorney General, the state auditor, the state accounting officer, the commissioner of administrative services, the commissioner of the State Personnel Administration and members of the State Personnel Board, the director of the Office of Planning and Budget, judges of the superior courts, and district attorneys. (11) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (12) 'Transact business' or 'transact any business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative."
SECTION 2-72. Said Title 45 is further amended by revising Code Section 45-10-27, relating to construction of part with rules and regulations of the State Personnel Administration, as follows:
"45-10-27. This part shall in no way amend or repeal any statute supersede any provision of Chapter 20 of this title or any rule or regulation promulgated pursuant thereto pertaining to the State Personnel Administration."
SECTION 2-73. Said Title 45 is further amended by revising Code Section 45-12-72, relating to establishment of Office of Planning and Budget, and general provisions, as follows:
"45-12-72. (a) There is established in the office of the Governor the Office of Planning and Budget as a separate budget unit for the purpose of promoting economy and efficiency in the

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fiscal management of the state government. The Governor shall be ex officio director of the budget. (b) The Governor, through the Office of Planning and Budget, shall have such supervision of every public department, agency, and institution as shall be necessary to secure uniformity and accuracy of accounts and efficient conduct of its fiscal affairs. He may inquire into the methods of conducting the affairs of any public body; he may prescribe and direct the use of such forms of accounts, records, and reports as may be necessary to further efficiency and an adequate system of records for budget-making purposes; and he may prescribe and direct the use of standards of efficiency for public employees, including the establishment of working hours. (c) The administrative head of the Office of Planning and Budget is the director of the Office of Planning and Budget, who shall be appointed by the Governor to serve at the Governor's pleasure. The director shall be responsible for management of the office and shall exercise supervision and control over the office. The director of the Office of Planning and Budget is authorized to employ such other professional, technical, and clerical personnel as the director may deem necessary to carry out the duties prescribed in this part. Except as otherwise provided in this subsection, the employees of the Office of Planning and Budget shall be governed by the rules and regulations of the State Personnel Board, under Article 1 of Chapter 20 of this title. The Office of Planning and Budget shall pay its pro rata share of the administrative cost of operating the State Personnel Administration, state system of personnel management in the manner prescribed in Article 1 of Chapter 20 of this title Code Section 45-20-4. All employees in the position classification policy coordinator shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2. Any and all salary increases for such employees shall be based, in part, on each individual employee's job performance as measured by a standard operative appraisal system and, in part, on general increases given to all state employees. The Governor is authorized to delegate to the director of the Office of Planning and Budget such powers, duties, and authority under this part as the Governor deems advisable; and the Governor shall have the right to retract any such delegation at any time. (d) The Attorney General, the state treasurer, the Comptroller General, the state revenue commissioner, and the state auditor shall render such advice and assistance and furnish such information to the Office of Planning and Budget as may be requested and needed."
SECTION 2-74. Said Title 45 is further amended by revising Code Section 45-15-30, relating to the Department of Law, assistants, deputies, and other support personnel, determination of duties, salaries, and effect promotions, limitation on private practice of law, and disclosure requirement for assistant attorney general representing criminal defendant, as follows:

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"45-15-30. There is created a Department of Law with the Attorney General at the head thereof and with such numbers of deputy attorneys general, assistant attorneys general, special assistant attorneys general, other attorneys, paraprofessional personnel, and other employees or independent contractors as the Attorney General shall deem necessary to carry out the functions of the Attorney General and the Department of Law. The Attorney General is authorized to determine the title and to change the title of any attorney or other employee of the Department of Law or any attorney at law under independent contract to the Department of Law in order to define the duties and responsibilities of any attorney or other employee of the said department and to establish salaries and effect promotions of any such attorney or other employee of the said department, except that those positions in the department which are within the classified service of the State Personnel Administration on April 18, 1975, shall be covered by the State Personnel Administration according to procedures prescribed by the State Personnel Board. Neither the Attorney General nor any other attorney at law employed full time by the Department of Law shall engage in the private practice of law during his or her term of appointment. Attorneys at law under independent contract to the Department of Law may engage in the private practice of law even though they may have been appointed or designated either specially or generally as assistant attorneys general or attorneys. Notwithstanding that any attorney at law under independent contract to the Department of Law has been appointed or designated either specially or generally as an assistant attorney general and thus is identified with the State of Georgia as its representative for cases arising within the scope of that appointment or designation, representation of a defendant in criminal proceedings by that assistant attorney general shall not constitute a conflict of interest if that assistant attorney general provides written disclosure of such appointment or designation to the defendant prior to accepting employment by that defendant or, when a court has appointed an assistant attorney general to represent an indigent criminal defendant, disclosures to the defendant and to the court, to be reflected in the record of that court, such appointment or designation as assistant attorney general."
SECTION 2-75. Said Title 45 is further amended by revising Code Section 45-16-11, relating to compensation of county coroners, increases, calculation, supplements, and expenses, as follows:
"45-16-11. (a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each coroner in any of the counties in this state in the following population brackets shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such coroner shall receive an annual salary, payable in equal monthly installments from the funds of the coroner's county, of not less than the amount fixed in the following schedule:

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Population

Minimum Salary

0 -- 11,889............................................................................................. $ 1,200.00

11,890 -- 19,999............................................................................................. 2,400.00

20,000 -- 34,999............................................................................................. 3,600.00
(2) On and after July 1, 2001, whenever Whenever the state employees in the classified service of the State Personnel Administration receive subject to compensation plans authorized and approved in accordance with Code Section 45-204 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-ofliving increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the coroner in such amount as it may fix from time to time; but no coroner's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the coroner's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the coroner.

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(b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any coroner after December 31, 2000, effective the first day of January following the completion of each such period of service. (c) The minimum salaries provided for under this Code section shall be in addition to any fees paid by the county governing authority to the coroner on a per-call basis and in addition to any expenses. (d) The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a coroner's office shall come from funds other than the funds specified as salary in this Code section. (e) This Code section shall not be construed to reduce the salary of any coroner in office on July 1, 2001; provided, however, that successors to such coroners in office on July 1, 2001, shall be governed by the provisions of this Code section. All local legislation in effect on July 1, 2001, or enacted thereafter affecting compensation for coroners of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail."
SECTION 2-76. Said Title 45 is further amended by revising Code Section 45-18-50, relating to definitions, as follows:
"45-18-50. As used in this article, the term:
(1) 'Board' means the State Personnel Board Reserved. (2) 'Council' means the Employee Benefit Plan Council established in Code Section 45-18-51. (3) 'Employee' means a member of the General Assembly or a person who works full time for the state and receives his or her compensation in a direct payment from a department, agency, authority, or institution of state government; a county department of family and children services or a county department of health; the Federal-State Shipping Point Inspection Service; the Georgia Firefighters' Pension Fund; a member of any local board of education; and public schoolteachers school teachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia. (4) 'Full time' means the employment of a person who works at least 30 hours per week and whose employment is intended to be continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment; provided, however, that public schoolteachers school teachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910 shall be deemed to be employed full

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time for the purposes of this article. This would also exclude employment intended for only a very limited duration or in a sheltered employment program for the purpose of training or transitioning a person into the continued employment environment."
SECTION 2-77. Said Title 45 is further amended by revising Code Section 45-18-51, relating to creation of council, membership, terms of office, and vacancies, compensation and expense reimbursement, officers, executive secretary and staff support, meetings, adoption of procedures, and promulgation of rules and regulations, as follows:
"45-18-51. (a)(1) There is created an Employee Benefit Plan Council consisting of the following ten members appointed by the Governor: (A) The five members of the State Personnel Board who shall serve for terms of office which correspond with their terms of office on the State Personnel Board; (B) Two department heads who have employees eligible to participate in the employee benefit plans, which department heads shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he or she ceases to be a department head; (C) Two state employees who are eligible to participate in the employee benefit plans, which state employees shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he or she ceases to be a state employee; and (D) One member from a corporation domiciled in the State of Georgia that insures or administers employee benefit plans, which member shall serve for a term of office of four years. (2) Successors to the members of the council provided in paragraph (1) of this subsection shall have the same qualifications and shall be appointed by the Governor for terms of office of four years and until their successors are appointed and qualified. A vacancy on the council shall be filled by the Governor appointing a successor who possesses the same qualifications as his or her predecessor and who shall serve for the unexpired term.
(b) The members of the council who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which they are employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the State Accounting Office in the same manner that employees of the State Personnel Administration are reimbursed. For those councilmembers who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the State Personnel Administration Department of Administrative Services.

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(c) The Governor shall appoint one member to act as chairman chairperson for a term specified by the Governor until a successor is duly appointed. The council shall elect one of its members as vice-chairman vice-chairperson to act in the absence of the chairman chairperson. If the office of chairman chairperson is vacated for any reason, the Governor shall appoint a successor. (d) Meetings of the council shall be scheduled at the discretion of the council chairman chairperson and, where feasible, concomitant with the meetings of the State Personnel Board as provided in Chapter 20 of this title. All meetings of the council shall be open to the public. (e) The council shall adopt procedures for the conduct of its activities. (f) The commissioner of personnel administration administrative services shall serve as executive secretary to the council and provide the council with staff support and other assistance in carrying out its duties. (g) In the promulgation of rules and regulations, the council shall be governed by Chapter 20 of this title."
SECTION 2-78. Said Title 45 is further amended by revising Code Section 45-18-55, relating to commissioner of personnel administration as executive officer and custodian, as follows:
"45-18-55. The commissioner of personnel administration administrative services shall be the executive officer for the administration of this article and the custodian of such fund or funds as may be required in the implementation of this article. The commissioner of personnel administration administrative services shall employ such personnel as may be necessary to carry out his or her duties and responsibilities under this article."
SECTION 2-79. Said Title 45 is further amended by revising Code Section 45-18-70, relating to establishment and operation of the Capitol Hill Day-care Center, as follows:
"45-18-70. Notwithstanding any other provisions of law, the commissioner of personnel administration administrative services in conjunction with the Georgia Building Authority is authorized by contract or otherwise to establish, equip, and operate a daycare center as a capitol hill pilot program for the purpose of serving children who are members of households of employees of state government in and around the state capitol. The commissioner of personnel administration administrative services in conjunction with the Georgia Building Authority is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the state employees who are beneficiaries of services provided by such facility to pay for the cost of their operation and to accept money, equipment, or other property donated for use in connection with the facility."

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SECTION 2-80. Said Title 45 is further amended by revising Code Section 45-18-72, relating to start-up costs, as follows:
"45-18-72. The commissioner of personnel administration administrative services shall present recommendations no later than December 1, 1986, for funding any start-up costs of the pilot project."
SECTION 2-81. Said Title 45 is further amended by revising Code Section 45-19-22, relating to definitions, as follows:
"45-19-22. As used in this article, the term:
(1) 'Administrator' means the administrator of the Commission on Equal Opportunity provided for by Code Section 45-19-24, which agency is comprised composed of an Equal Employment Division and a Fair Housing Division. (2) 'Board' means the Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23. (3) 'Disability' means a physical or mental impairment which substantially limits one or more of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate reasonably to an employee's or prospective employee's disability without undue hardship on the conduct of the employer's operation. (4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of religion if an employer demonstrates that the employer is unable to accommodate reasonably an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's operation. (5) 'Public employer' or 'employer' means any department, board, bureau, commission, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are subject to the state system of personnel administration created by Chapter 20 of this title, including the rules and regulations promulgated by the State Personnel Administration Board or any personnel merit system of any agency or authority of this state. A person elected to public office in

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this state is not a public employer with respect to persons holding positions or individuals applying for positions on such officer's personal staff or on the policymaking level or as immediate advisers with respect to the exercise of the constitutional or legal powers of the office held by such officer. The term 'public employer' shall include the State Personnel Administration whether or not such agency is the immediate employer of the party or parties claiming to be aggrieved. (6) 'Public employment' means employment by any department, board, bureau, commission, authority, or other agency of the State of Georgia. (7) 'Religion' means all aspects of religious observance and practice as well as belief. (8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45."
SECTION 2-82. Said Title 45 is further amended by revising Code Section 45-21-1, relating to definitions, as follows:
"45-21-1. As used in this chapter, the term:
(1) 'Agency' means any agency as defined in Code Section 45-20-2, any authority, or any public corporation, but shall not include the board of regents and units of the University System of Georgia. (2) 'Appointing authority' means a person or group of persons authorized by law or delegated authority to make appointments to fill employee positions in the legislative, judicial, or executive branch of state government. (3) 'Board' means the State Personnel Board. (4) 'Commissioner' means the commissioner of personnel administration administrative services or his or her designee. (5) 'Goal based plan' means a plan developed by the board or other appointing authority under subsection (d) of Code Section 45-21-2 designed to measure performance against business objectives or performance targets. (6) 'Incentive compensation plan' means a plan developed by the board under Chapter 20 of this title and subsection (c) of Code Section 45-21-2 or other appointing authority under subsection (c) of Code Section 45-21-2. (7) 'Incentive payment' means a one-time lump sum payment or a predetermined quarterly payment that does not become a part of base salary. (8) 'Meritorious award program' means a program developed by the board or other appointing authority under subsection (b) of Code Section 45-21-2."
SECTION 2-83. Said Title 45 is further amended by revising Code Section 45-23-3, relating to definitions, as follows:
"45-23-3. As used in this chapter, the term:

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(1) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of the term 'controlled substance' in paragraph (4) of Code Section 16-13-21. (2) 'Convicted' or 'conviction' refers to a final conviction in a court of competent jurisdiction or the acceptance of a plea of guilty. (3) 'Dangerous drug' means any drug or substance defined as such under Code Section 16-13-71. (4) 'Marijuana' means any substance described in paragraph (16) of Code Section 1613-21. (5) 'Public employee' means any person employed on a full-time, part-time, temporary, or intermittent basis by the state, including any agency, authority, department, bureau, or instrumentality thereof, or by any entity covered under the State Personnel Administration state system of personnel administration created by Chapter 20 of this title. Such term shall also include all employees, officials, or administrators of any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof. (6) 'Public employer' means any state agency, department, board, bureau, or other instrumentality. This term also includes any agency covered under the State Personnel Administration state system of personnel administration created by Chapter 20 of this title or any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof. (7) 'Public employment' means employment by any public employer."
SECTION 2-84. Said Title 45 is further amended by revising Code Section 45-23-4, relating to suspension or termination of public employee convicted of drug offense, as follows:
"45-23-4. (a) Any public employee who is convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be suspended from his or her public employment for a period of not less than two months. Any such employee shall be required as a condition of completion of suspension to complete a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by: (1) the State Personnel Board in the case of employees in the classified service of the State Personnel Administration employed by departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section 45-20-2; or (2) the public employer having management and control of the employee in the case of other public employees. (b) Any public employee who is convicted for a second or subsequent time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance,

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marijuana, or a dangerous drug shall be terminated from his or her public employment and shall be ineligible for other public employment for a period of five years from the most recent date of conviction."
SECTION 2-85. Said Title 45 is further amended by revising Code Section 45-23-7, relating to continuance of employment for drug user, and requirements and procedure, as follows:
"45-23-7. On and after July 1, 1990, if, prior to an arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, a public employee notifies the employee's public employer that the employee illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by: (1) the State Personnel Board in the case of employees in the classified service of the State Personnel Administration employed by departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section 45-20-2; or (2) the public employer having management and control of the employee in the case of other public employees, the public employee shall be entitled to maintain the employee's public employment for up to one year as long as the employee follows the treatment plan. During this period, the public employee shall not be separated from public employment solely on the basis of the employee's drug dependence, but the employee's work activities may be restructured if practicable to protect persons or property. No statement made by an employee to a supervisor of the public employee or other person in order to comply with this Code section shall be admissible in any civil, administrative, or criminal proceeding as evidence against the public employee. The rights granted by this Code section shall be available to a public employee only once during a five-year period and shall not apply to any public employee who has refused to be tested or who has tested positive for a controlled substance, marijuana, or a dangerous drug."
SECTION 2-86. Said Title 45 is further amended by revising Code Section 45-23-8, relating to administrative procedures, as follows:
"45-23-8. Administrative procedures for the implementation of this chapter shall be promulgated by the State Personnel Board for the classified service of the State Personnel Administration departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section 45-20-2 and by other public employers for other public employees under their management and control. Such procedures shall include those elements of due process of law required by the Constitution of Georgia and the United States Constitution."

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SECTION 2-87. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-2-42, relating to employment of assistant director of Utility Finance Section, employment of accountants, statisticians, experts, and clerical personnel, and classification of employees, as follows:
"46-2-42. (a) The director of the Utility Finance Section shall employ an assistant director who shall be employed at the pleasure of the commission and as provided by law. (b) The director shall employ such accountants, statisticians, experts, and clerical personnel as are necessary for the effective performance of the duties of the section, and such employees shall be in the unclassified service as defined by Code Section 4520-2. (c) With the concurrence of the State Personnel Administration compensation board, certain employees of the section may be included in the 'unclassified service' in addition to those currently provided by paragraph (15) of Code Section 45-20-2. The Rules and regulations of the State Personnel Administration Board regulations and restrictions concerning compensation and promotion shall not apply to such employees of the Utility Finance Section."
SECTION 2-88. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-5, relating to the office of deputy state revenue commissioner, as follows:
"48-2-5. (a) There is created the office of deputy state revenue commissioner, who shall exercise the authority of the commissioner in matters specified by law and in any other such matters as the commissioner may delegate to him or her in writing. The actions of the deputy commissioner, within the scope of his or her authority, shall have the same force and effect as the actions of the commissioner. (b) The deputy commissioner shall be appointed by the commissioner. He or she shall hold office at the pleasure of the commissioner and shall not be subject to the State Personnel Administration state system of personnel administration provided by Chapter 20 of Title 45. The deputy commissioner shall take the oath of office of the commissioner as provided in subsection (d) of Code Section 48-2-2. (c) The deputy commissioner shall receive a salary as determined by the commissioner, subject to the approval of the Office of Planning and Budget and paid from funds appropriated by the department. The deputy commissioner's salary shall in no event exceed the salary of the commissioner. (d) The deputy commissioner shall execute and file an official surety bond approved as to form and sufficiency by the Attorney General in the same amount as required for the commissioner by subsection (e) of Code Section 48-2-2. The premium on the bond shall be paid as an expense of the department. (e) The deputy commissioner shall have the authority of the commissioner to:

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(1) Issue licenses; (2) Make proposed and final assessments; (3) Deny protests and claims for refund; (4) Issue summons of garnishment; (5) Enter into agreements extending statutory periods of limitation; (6) Issue, amend, and cancel tax executions; and (7) Execute all documents and papers necessary for the performance of his or her or the commissioner's duties or for the exercise of his or her authority or the authority of the commissioner which has been delegated to him or her in writing."
SECTION 2-89. Said Title 48 is further amended by revising Code Section 48-2-6, relating to departmental organization, employees, compensation, and collection of delinquent taxes by contractors, as follows:
"48-2-6. (a) The commissioner shall establish by executive order such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing. (b) The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the department's appropriation, the requirements of the State Personnel Administration state system of personnel administration, including the rules and regulations of the State Personnel Board, and the restrictions set forth by law. (c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis. (d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department. (e) The commissioner is authorized to provide for the collection of delinquent taxes, including penalties and interest, by contractors. Any such contractors must be approved by the commissioner. No employee of the department shall be approved as a contractor under this subsection. Such contractors shall be compensated only on a commission or contingent fee basis."

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SECTION 2-90. Said Title 48 is further amended by revising Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, as follows:
"48-5-183. (a) Nothing contained in this Code section shall apply to any tax commissioner or tax collector who is compensated by the fee system of compensation in lieu of a fixed salary. On and after January 1, 1995, no tax collector or tax commissioner in a county having a population of 45,000 or more shall be entitled to fees authorized by Code Section 48-5-180 or Code Section 40-2-33.
(b)(1) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2000 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 ............................................................................................... $ 29,832.20

6,000 - 11,889 ................................................................................................ 40,967.92

11,890 - 19,999 ................................................................................................ 46,408.38

20,000 - 28,999 ................................................................................................ 49,721.70

29,000 - 38,999 ................................................................................................ 53,035.03

39,000 - 49,999 ................................................................................................ 56,352.46

50,000 - 74,999 ................................................................................................ 63,164.60

75,000 - 99,999 ................................................................................................ 67,800.09

100,000 - 149,999 .............................................................................................. 72,434.13

150,000 - 199,999 .............................................................................................. 77,344.56

200,000 - 249,999 .............................................................................................. 84,458.82

250,000 - 299,999 .............................................................................................. 91,682.66

300,000 - 399,999 ............................................................................................ 101,207.60

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400,000 - 499,999 ............................................................................................ 105,316.72
500,000 or more............................................................................................... 109,425.84
(2) On and after July 1, 2006, whenever Whenever the state employees in the classified service of the State Personnel Administration receive subject to compensation plans authorized and approved in accordance with Code Section 45-204 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the costof-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-ofliving increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (c) of Code Section 212-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-ofliving increases or general performance based increases received by state employees become effective. (3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioner's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the tax commissioner's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner.

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(c) In any county in which more than 50 percent of the population of the county according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for the purpose of subsection (b) of this Code section shall be deemed to be the total population of the county minus the population of such county which resides on property of the United States government. (d) The amounts provided in paragraph (1) of subsection (b) of this Code section, subsection (g) of Code Section 48-5-137, and, where applicable, Code Section 21-2213, as increased by paragraph (2) of subsection (b) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any tax collector or tax commissioner after December 31, 1976, effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in this Code section, in which event this Code section shall prevail. This Code section shall not be construed to reduce the salary of any tax collector or tax commissioner in office on July 1, 1991; provided, however, that successors to such tax collectors and tax commissioners in office on July 1, 1991, shall be governed by the provisions of this Code section. The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Code section. (e) Notwithstanding any other provisions of this Code section, any tax collector or tax commissioner who, prior to July 1, 1979, was entitled to the commissions allowed by Code Section 40-2-33 may elect to receive the salary he or she was receiving prior to July 1, 1979, together with such commissions relating to the sale of motor vehicle license plates in lieu of the minimum salary provided in subsection (b) of this Code section. (f) Notwithstanding any other provisions of this Code section, any tax collector or tax commissioner who, prior to January 1, 1980, was receiving a salary lower than the applicable minimum salary provided by subsection (b) of this Code section pursuant to a local law but who also was receiving certain fees and commissions in addition thereto may elect to be excluded from this Code section. (g) Except as otherwise provided in subsection (f) of this Code section, any local Acts in effect on or enacted subsequent to January 1, 1980, which deal with the compensation of the various tax collectors or tax commissioners, shall remain in full force and effect, except in those instances where such local Acts provide for a salary which is less than the minimum salary provided in subsection (b) of this Code section, in which event this Code section shall prevail. (h) This Code section shall not be construed so as to place any tax collector or tax commissioner who is on the fee system of compensation on January 1, 1980, on a salary system of compensation. Any such officer who is compensated under the fee

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system of compensation on January 1, 1980, shall continue to be compensated pursuant to the fee system of compensation until the General Assembly abolishes by local Act the fee system of compensation for such officer and places him or her on an annual salary equal to or greater than the minimum annual salary provided in this Code section."
SECTION 2-91. Said Title 48 is further amended by revising Code Section 48-5-263, relating to qualifications, duties, and compensation of appraisers, as follows:
"48-5-263. (a) Qualifications.
(1) The commissioner shall establish, and the State Personnel Administration Department of Administrative Services may review, the qualifications and rate of compensation for each appraiser grade. (2) Each appraiser shall, before his or her employment, obtain a satisfactory grade, as determined by the commissioner, on an examination prepared by the commissioner and an institution of higher education in this state. (b) Duties. Each member of the county property appraisal staff shall: (1) Make appraisals of the fair market value of all taxable property in the county other than property returned directly to the commissioner; (2) Maintain all tax records and maps for the county in a current condition. This duty shall include, but not be limited to, the mapping, platting, cataloging, and indexing of all real and personal property in the county; (3) Prepare annual assessments on all taxable property appraised in the county and submit the assessments for approval to the county board of tax assessors; (4) Prepare annual appraisals on all tax-exempt property in the county and submit the appraisals to the county board of tax assessors; (5) Prepare and mail assessment notices after the county board of tax assessors has determined the final assessments; (6) Attend hearings of the county board of equalization and provide information to the board regarding the valuation and assessments approved by the county board of tax assessors on those properties concerning which appeals have been made to the county board of equalization; (7) Provide information to the department as needed by the department and in the form requested by the department; (8) Attend the standard approved training courses as directed by the commissioner for all minimum county property appraisal staffs; (9) Compile sales ratio data and furnish the data to the commissioner as directed by the commissioner; (10) Comply with the rules and regulations for staff duties established by the commissioner; and (11) Inspect mobile homes located in the county to determine if the proper decal is attached to and displayed on the mobile home by the owner as provided by law; notify

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the residents of those mobile homes to which a decal is not attached of the provisions of Code Sections 48-5-492 and 48-5-493; and furnish to the tax collector or tax commissioner a periodic list of those mobile homes to which a decal is not attached. (c) Compensation. Staff appraisers shall be paid from county funds. The rates of compensation established by the commissioner shall not preclude any county from paying a higher rate of compensation to any appraiser grade."
SECTION 2-92. Said Title 48 is further amended by revising Code Section 48-5-267, relating to state payments for minimum staff of appraisers, and state salary supplements for qualified appraisers, as follows:
"48-5-267. (a) An amount which is equal to one-half of the total compensation payable to the minimum staff in all of the counties, as determined by the commissioner with the approval of the State Personnel Administration Department of Administrative Services, shall be paid to the counties by the department in the following manner:
(1) The greater of 15 percent of the amount appropriated and deemed available by the commissioner for the purpose of carrying out the provisions of this part regarding minimum staff compensation or $200,000.00, if deemed available by the commissioner, shall be distributed equally among all of the counties of the state; and (2) The payment to be made to each county from the remainder of the amount after distribution as provided in paragraph (1) of this subsection, if any, shall be equal to the remaining amount multiplied by a fraction, the denominator of which is the total of all parcels of real property located within the state and the numerator of which is the number of parcels of real property located within the county. (b) Payments provided for in this Code section shall be made in the manner determined by the commissioner. The commissioner shall not make any payments to any county which: (1) Is not maintaining its records as required by this part; (2) Has not employed a minimum staff of appraisers; or (3) In the case of Class I counties, has not entered into a contract providing for the performance of the requirements of this part. (c) Payments provided for in this Code section shall be paid from funds appropriated to the department. (d) In addition to the payments for minimum staff appraisers authorized by this Code section, the commissioner, from funds appropriated for that purpose, shall pay to qualified appraisers employed by county governments salary supplements in accordance with the following provisions: (1) Each individual employed as a staff appraiser who has earned the Certified Assessment Evaluator designation or the Certified Personalty Evaluator designation, as conferred by the International Association of Assessing Officers, shall be paid a salary supplement of $1,000.00 per year;

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(2) Each individual employed as a staff appraiser who has earned the Georgia Certified Appraiser designation conferred by the Georgia Association of Assessing Officials shall be paid a salary supplement of $750.00 per year. The qualifications and requirements necessary for achievement of the Georgia Certified Appraiser designation shall be approved by the commissioner before any supplements are paid for this designation; and (3) Salary supplements shall be paid to each individual qualifying under paragraphs (1) and (2) of this subsection only for the period of time he or she is actually employed by a county as a staff appraiser and only for the period of time that he or she holds the qualifying designation. Salary supplements shall be paid to each qualified individual for only one qualifying designation at any one time."
SECTION 2-93. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-1-5, relating to suspension and removal of county board member, county director, or employee or official of department, as follows:
"49-1-5. (a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Personnel Administration by Chapter 20 of Title 45 by or under authority of Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty. (b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal such director may have under the State Personnel Administration by Chapter 20 of Title 45 granted to such terminated director by or under the authority of Chapter 20 of Title 45, and the vacancy shall be filled as provided by law."

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SECTION 2-94. Said Title 49 is further amended by revising Code Section 49-2-2.1, relating to Department of Human Services becomes successor-in-interest to all rights, duties, and obligations of former Department of Human Resources, as follows:
"49-2-2.1. (a) The Department of Human Services shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Human Services by proper authority or as otherwise provided by law. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1 shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Human Services. In all such instances, the Department of Human Services shall be substituted for the Department of Human Resources, and the Department of Human Services shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Human Services in similar capacities, as determined by the commissioner of human services. Such employees shall be subject to the employment practices and policies of the Department of Human Services on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration. Transferred employees who were subject to the state system of personnel administration provided for by Chapter 20 of Title 45 will lose no rights granted under such system as a result of such transfer. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009.

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Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Human Services. (d) On July 1, 2009, the Department of Human Services shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1."
SECTION 2-95. Said Title 49 is further amended by revising Code Section 49-3-4, relating to appointment of staff, salaries, and power of commissioner to transfer employees, as follows:
"49-3-4. (a) The county department staff necessary to administer welfare activities within the county shall be appointed pursuant to the rules and regulations of the Department of Human Services and the State Personnel Administration Board and subject to the approval of the commissioner of human services. Staff appointments shall meet the qualifications prescribed by the department. (b) The salaries of the members of the staff shall be fixed by the county director in conformity with the salary schedule prescribed by the Department of Human Services. (c) The commissioner shall have power to transfer from one county to another or from one district to another any employee of a county department."
SECTION 2-96. Said Title 49 is further amended by revising Code Section 49-3-7, relating to removal of county director for falsification of qualifications, as follows:
"49-3-7. The State Personnel Board and the State Personnel Administration Department of Administrative Services shall remove from office any county director who has falsified any statement relating to his or her education, social welfare service, or other qualification, in any particular, whether material or immaterial. The application of the county director for examination, on file with the State Personnel Administration Department of Administrative Services, shall not be allowed to be varied by other evidence offered by the county director; the application itself shall be the controlling factor in the determination of its truth or untruth."
SECTION 2-97. Said Title 49 is further amended by revising Code Section 49-4A-5, relating to transfer of functions and employees of Division of Youth Services, and personnel administration, as follows:
"49-4A-5. (a) The department shall carry out all functions and exercise all powers relating to the administration, supervision, and management of juvenile detention facilities, including youth development centers, and jurisdiction over said youth development centers and other juvenile detention facilities is vested in the department.

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(b) Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources (now known as the Department of Human Services) on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the State Personnel Administration shall retain all existing rights under the State Personnel Administration state system of personnel administration provided for by Chapter 20 of Title 45 will lose no rights granted under such system as a result of such transfer. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on July 1, 1992, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department.
(c)(1) The department shall conform to federal standards for a merit system of personnel administration in the respects necessary for receiving federal grants and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (2) The department is authorized to employ, on a full-time or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Personnel Administration Board. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department."
SECTION 2-98. Said Title 49 is further amended by revising Code Section 49-5-6, relating to merit system to conform to federal standards, power to employ and contract for professional services, employment and dismissal procedures, and membership in state retirement system, as follows:
"49-5-6. (a) The department shall conform to federal standards for a merit system of personnel administration in the respects necessary for receiving federal grants and the board is

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authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (b) The department is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (c) Superintendents of training schools and other facilities and institutions now or hereafter under the jurisdiction and control of the department shall be employed and dismissed for cause by the board on the recommendation of the commissioner. Professional personnel and other employees of such training schools, facilities, and institutions shall be employed and dismissed for cause by the commissioner on the recommendation of the superintendent. All other professional personnel and all other employees of the department under this article shall be employed and dismissed for cause by the commissioner in accordance with such rules and regulations as may be promulgated by the board in regard thereto. Employees of the department under this article shall in all instances be employed and dismissed in accordance with rules and regulations of the State Personnel Administration Board. (d) All personnel of the Division of Family and Children Services are authorized to be members of the Employees' Retirement System of Georgia, Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this article to the division, or otherwise had by persons at the time of employment with the division, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the division."
SECTION 2-99. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-5-53, relating to authorization to employ assistants, fix salaries, and make assignments, as follows:
"50-5-53. Subject to applicable rules of the State Personnel Administration Board, the Department of Administrative Services may appoint as many assistants and employees, and fix their salaries, as are essential to the state's interest in the execution of the terms and provisions of this part. Assignment of an assistant or assistants to any of the departments, institutions, or agencies of the state may be made by the Department of Administrative Services. It shall be unlawful for any other agency of the state to employ any person for the purposes set out in this part unless that person complies with the minimum requirements for purchasing personnel established by the State Personnel Administration in conjunction with the Department of Administrative Services."

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SECTION 2-100. Said Title 50 is further amended by revising Code Section 50-5B-2, relating to administrative units, directors, and employees, as follows:
"50-5B-2. (a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration, including The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia as separate units with distinct accounting functions, and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing. (b) The state accounting officer shall have the authority, within budgetary limitations, to employ as many persons as he or she deems necessary for the administration of the office and for the discharge of the duties of the office. The state accounting officer shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the office within the limitations of the office's appropriation, the requirements of the State Personnel Administration state system of personnel administration provided for in Chapter 20 of Title 45, and restrictions set forth by law."
SECTION 2-101. Said Title 50 is further amended by revising Code Section 50-8-6, relating to divisions, sections, and offices of department, as follows:
"50-8-6. The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to July 1, 1989, shall continue to exist in accordance with this article. Thereafter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall appoint such directors, deputies, and assistants as may be necessary to manage such divisions, sections, and offices. Such positions shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2."
SECTION 2-102. Said Title 50 is further amended by revising Code Section 50-8-17, relating to employees serve in unclassified service, and election option for current classified employees, as follows:
"50-8-17. Employees of the department shall serve in the classified and unclassified service of the State Personnel Administration as defined by Code Section 45-20-6, 45-20-2 provided that employees who serve in the classified service of the State Personnel Administration as defined by Code Section 45-20-6 may elect to remain in the classified service and be

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governed by the provisions thereof; provided, however, that if such person accepts a promotion or transfer to another position, he or she shall become an employee in the unclassified service."
SECTION 2-103. Said Title 50 is further amended by revising Code Section 50-8-142, relating to employees, as follows:
"50-8-142. The commissioner of community affairs may appoint employees as may be necessary to implement such powers and duties as are described by this article. The employees of the Office of Rural Development shall be in the unclassified positions for the purposes of the State Personnel Administration and shall serve at the pleasure of the commissioner of community affairs service as defined by Code Section 45-20-2. The commissioner of community affairs shall describe the duties and fix the compensation for all such employees."
SECTION 2-104. Said Title 50 is further amended by revising Code Section 50-12-71, relating to appointment, terms, and expenses of board members, as follows:
"50-12-71. (a) The board shall be composed of 17 members to be appointed as follows:
(1) Sixteen members shall be appointed by the Governor, five members for initial terms of two years; five members for initial terms of three years; four members for initial terms of four years; and two members provided for in 1991 for initial terms of five years. Seven of the members appointed by the Governor may reside in any area of the state. Of the remaining nine members appointed by the Governor, one member shall reside in and be appointed from each of the nine districts provided in subsection (b) of this Code section. Successors to such members shall be appointed by the Governor for terms of six years; and (2) One member shall be appointed by the Commander of the Warner Robins Air Logistics Center at Robins Air Force Base in Houston County, Georgia, for an initial term of four years, and successors shall be appointed by the Governor for terms of six years. This member may reside in any area of the state. (b) For the purpose of appointing nine members of the board, the state shall be divided into nine districts based upon the ZIP Code areas as designated by the United States Postal Service and as such areas exist on January 1, 1989. The nine districts shall be composed as follows: District 1:
ZIP Code Areas 305 and 307; District 2:
ZIP Code Area 306; District 3:
ZIP Code Areas 300, 301, 302, and 303;

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District 4: ZIP Code Areas 304, 308, and 309;
District 5: ZIP Code Areas 310 and 312;
District 6: ZIP Code Areas 318 and 319;
District 7: ZIP Code Area 317;
District 8: ZIP Code Area 316; and
District 9: ZIP Code Areas 313, 314, and 315.
(c) Of the 17 members of the board, at least 11 members shall have experience in and be representative of the aviation industry or profession. Initial appointments shall be made prior to July 1, 1989, except that the additional members provided for in 1991 shall be appointed prior to October 1, 1991. In the event a vacancy occurs in the membership of the board, the Governor shall promptly fill the same for the unexpired term. A majority of the members shall constitute a quorum for the transaction of business. (d) The board shall elect a chairman, a vice-chairman, chairperson, a vice-chairperson, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions; however, such employees may not be subject to the State Personnel Administration of employment and employment administration state system of personnel administration provided for in Chapter 20 of Title 45. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually."
SECTION 2-105. Said Title 50 is further amended by revising Code Section 50-13-2, relating to definitions, as follows:
"50-13-2. As used in this chapter, the term:
(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

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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. (2) 'Contested case' means a proceeding, including, but not restricted to, rate making, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing. (2.1) 'Electronic' means, without limitation, analog, digital, electronic, magnetic, mechanical, optical, chemical, electromagnetic, electromechanical, electrochemical, or other similar means. (3) 'License' means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes. 'Licensing' includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. (3.1) 'Mailed' includes electronic means of communication. (3.2) 'Mailing list' includes electronic means of distribution. (4) 'Party' means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. (5) 'Person' means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. (5.1) 'Record' means information created, transmitted, received, or stored either in human perceivable form or in a form that is retrievable in human perceivable form. (6) 'Rule' means each agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule but does not include the following: (A) Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; (B) Declaratory rulings issued pursuant to Code Section 50-13-11; (C) Intra-agency memoranda;

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(D) Statements of policy or interpretations that are made in the decision of a contested case; (E) Rules concerning the use or creation of public roads or facilities, which rules are communicated to the public by use of signs or symbols; (F) Rules which relate to the acquiring, sale, development, and management of the property, both real and personal, of the state or of an agency; (G) Rules which relate to contracts for the purchases and sales of goods and services by the state or of an agency; (H) Rules which relate to the employment, compensation, tenure, terms, retirement, or regulation of the employees of the state or of an agency; (I) Rules relating to loans, grants, and benefits by the state or of an agency; or (J) The approval or prescription for the future of rates or prices."
SECTION 2-106. Said Title 50 is further amended by revising Code Section 50-13-40, relating to office created and chief state administrative law judge, as follows:
"50-13-40. (a) There is created within the executive branch of state government the Office of State Administrative Hearings. The office shall be independent of state administrative agencies and shall be responsible for impartial administration of administrative hearings in accordance with this article. The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Administrative Services. (b) The head of the office shall be the chief state administrative law judge who shall be appointed by the Governor, shall serve a term of six years, shall be eligible for reappointment, and may be removed by the Governor for cause. The chief state administrative law judge shall have been admitted to the practice of law in this state for a period of at least five years. The chief state administrative law judge shall be in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-2 and shall receive a salary to be determined by the Governor. All successors shall be appointed in the same manner as the original appointment and vacancies in office shall be filled in the same manner for the remainder of the unexpired term. (c) The chief state administrative law judge shall promulgate rules and regulations and establish procedures to carry out the provisions of this article. (d) The chief state administrative law judge shall have the power to employ clerical personnel and court reporters necessary to assist in the performance of his or her duties.
(e)(1) The chief state administrative law judge shall have the power to employ fulltime assistant administrative law judges who shall exercise the powers conferred upon the chief state administrative law judge in all administrative cases assigned to them. Each assistant administrative law judge shall have been admitted to the practice of law in this state for a period of at least three years. The chief state administrative law judge may establish different levels of administrative law judge positions and the

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compensation for such positions shall be determined by the chief state administrative law judge. (2) The chief state administrative law judge may appoint a special assistant administrative law judge on a temporary or case basis as may be necessary for the proper performance of the duties of the office, pursuant to a fee schedule established in advance by the chief state administrative law judge. A special assistant administrative law judge shall have the same qualifications and authority as a fulltime assistant administrative law judge. (3) The chief state administrative law judge may designate in writing a qualified fulltime employee of an agency other than an agency directly connected with the proceeding to conduct a specified hearing, but such appointment shall only be with the prior consent of the employee's agency. Such employee shall then serve as a special designated assistant administrative law judge for the purposes of the specific hearing and shall not be entitled to any additional pay for this service. (4) When the character of the hearing requires utilization of a hearing officer with special skill and technical expertise in the field, the chief state administrative law judge may so certify in writing and appoint as a special lay assistant administrative law judge a person who is not a member of the bar of this state or otherwise not qualified under this Code section. Such appointment shall specify in writing the reasons such special skill is required and the qualifications of the appointed individual. (5) The chief state administrative law judge may designate a class of hearings for which individuals with the necessary skill and training need not meet the qualifications of paragraphs (1) through (4) of this subsection. These full-time associate administrative law judges shall exercise the powers conferred upon the chief state administrative judge in the class of administrative cases assigned to them. The chief state administrative law judge shall determine the compensation for such positions. (f) The chief state administrative law judge and any administrative law judge employed on a full-time basis: (1) shall not otherwise engage in the practice of law; and (2) shall not, except in the performance of his or her duties in a contested case, render legal advice or assistance to any state board, bureau, commission, department, agency, or officer."
SECTION 2-107. Said Title 50 is further amended by revising Code Section 50-13-44, relating to administrative transfer of individuals to Office of State Administrative Hearings, approval of chief state administrative law judge, funding of transferred positions, and transferred employees status, as follows:
"50-13-44. (a) Any full-time hearing officer or equivalent position, used exclusively or principally to conduct or preside over hearings for a covered agency immediately prior to July 1, 1994, shall be administratively transferred to the Office of State Administrative

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Hearings, if such employee qualifies under Code Section 50-13-40. Any person serving immediately prior to July 1, 1994, as an independent hearing officer or equivalent under contract or written order of appointment shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994, and shall continue as a special assistant administrative law judge. All full-time staff of covered agencies who have exclusively or principally served as support staff for administrative hearings shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994. All equipment or other tangible property in possession of covered agencies which is used or held exclusively or principally by personnel transferred under this Code section shall be transferred to the Office of State Administrative Hearings as of July 1, 1994. (b) All such transfers shall be subject to the approval of the chief state administrative law judge and such personnel or property shall not be transferred if the chief state administrative law judge determines that the hearing officer, staff, equipment, or property should remain with the transferring agency. (c) Funding for functions and positions transferred to the Office of State Administrative Hearings under this article shall be transferred as provided for in Code Section 45-12-90. The employees of the Office of State Administrative Hearings shall be in the classified service of the State Personnel Administration; provided, however, that the chief administrative law judge may place positions in the unclassified service as authorized in Article 1 of Chapter 20 of Title 45 and may also place an additional ten assistant administrative law judges in the unclassified service unless they are in the classified service as such term is defined by Code Section 45-20-2. (d) The chief state administrative law judge shall assess agencies the cost of services rendered to them in the conduct of hearings.
(e)(1) Any full-time hearing officer of the State Personnel Board used exclusively or principally to conduct or preside over hearings for such board immediately prior to July 1, 1997, shall be administratively transferred to the Office of State Administrative Hearings if such employee qualifies under Code Section 50-13-40. Any person serving immediately prior to July 1, 1997, as an independent hearing officer under contract or written order of appointment shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1997, and shall continue as a special assistant administrative law judge. All full-time staff of the State Personnel Board who have exclusively or principally served as support staff for administrative hearings conducted by such hearing officers shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1997. All equipment or other tangible property in possession of the State Personnel Board which is used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of State Administrative Hearings as of July 1, 1997. (2) Funding for functions and positions transferred to the Office of State Administrative Hearings under this subsection shall be transferred as provided for in Code Section 45-12-90."

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SECTION 2-108. Said Title 50 is further amended by revising Code Section 50-18-93, relating to duties of division, as follows:
"50-18-93. It shall be the duty of the division to:
(1) Establish and administer, under the direction of a state records management officer, who shall be employed under the rules and regulations of the State Personnel Administration Board, a records management program; (2) Develop and issue procedures, rules, and regulations establishing standards for efficient and economical management methods relating to the creation, maintenance, utilization, retention, preservation, and disposition of records, filing equipment, supplies, microfilming of records, and vital records programs; (3) Assist state agencies in implementing records programs by providing consultative services in records management, conducting surveys in order to recommend more efficient records management practices, and providing training for records management personnel; and (4) Operate a records center or centers which shall accept all records transferred to it through the operation of approved retention schedules, provide secure storage and reference service for the same, and submit written notice to the applicable agency of intended destruction of records in accordance with approved retention schedules."
SECTION 2-109. Said Title 50 is further amended by revising Code Section 50-25-5.1, relating to chief information officer, appointment and removal, compensation, and powers and duties, as follows:
"50-25-5.1. (a) There is created the position of the chief information officer for the State of Georgia who shall be both appointed and removed by a vote of a majority of the full membership to which the authority is entitled. The authority shall determine the compensation of the chief information officer. The chief information officer shall serve as the executive director of the authority. (b) Subject to the general policy established by the authority, the chief information officer shall have the following powers and duties in addition to those otherwise enumerated in this chapter:
(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the authority; (2) To provide assistance to agency heads in evaluating information officer performance for each agency and in selection of candidates for such positions; (3) To establish performance management standards, approved by the board regarding success of projects, agency technology performance, and authority performance; (4) To submit an annual budget for approval and adoption by the board; (5) To review periodic reports submitted by agencies;

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(6) To hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes for purposes of employment and retirement benefits and subject to any laws, rules, or regulations governing eligibility for such benefits. Any officer or employee of the authority who is already a member of the Employees' Retirement System of Georgia by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the Georgia Technology Authority all employer's contributions required under this chapter; (7) To contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, systems engineers, consultants, and advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no parttime or contract employees shall participate in group insurance or retirement benefits; and (8) To perform such other duties as the authority may direct from time to time."
SECTION 2-110. Said Title 50 is further amended by revising Code Section 50-26-22, relating to transfer of personnel to Department of Community Affairs, as follows:
"50-26-22. Effective July 1, 1996, without diminishing the powers of the authority pursuant to Code Section 50-26-8, all personnel positions authorized by the authority in fiscal year 1996 shall be transferred to the Department of Community Affairs. All employees of the authority on June 30, 1996, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-6 45-20-2."
SECTION 2-111. Said Title 50 is further amended by revising Code Section 50-34-18, relating to transfer of positions authorized by authority to Department of Community Affairs, as follows:
"50-34-18. Effective July 1, 2002, without diminishing the powers of the authority pursuant to Code Section 50-34-6, all personnel positions authorized by the authority in Fiscal Year 2002 shall be transferred to the Department of Community Affairs. All employees of

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the authority on June 30, 2002, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service of the State Personnel Administration as defined by Code Section 45-20-6 45-20-2."

PART III SECTION 3-1. Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.

SECTION 3-2. Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.

PART IV SECTION 4-1. This Act shall become effective on July 1, 2012.

SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y Atwood
Baker Y Battles
Beasley-Teague N Bell N Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway N Brooks N Bruce

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson E Dickey Y Dickson Y Dobbs Y Dollar N Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans Y Floyd

Y Heckstall Y Hembree N Henson Y Hightower Y Hill
Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons

Y Shaw Y Sheldon Y Sims, B N Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T

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E Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Fludd N Frazier N Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield N Heard

Y Jones, J E Jones, S N Jordan
Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall
Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S Y Setzler

Y Teasley N Thomas
VACANT VACANT Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 134, nays 27.

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

Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 805. By Representative Collins of the 27th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make conforming amendments and correct references relative to the abolition of the State Personnel Administration and the transfer of certain functions of such agency to the Department of Administrative Services as provided by a separate Act; to provide an effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson E Dickey Y Dickson

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill
Holcomb

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K

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775

Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Morris Mosby
Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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

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

Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 711. By Representatives Lindsey of the 54th, Atwood of the 179th, Houston of the 170th, Benfield of the 85th and Jacobs of the 80th:

A BILL to be entitled an Act to amend Chapter 5 of the Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to change provisions relating to spousal privilege in criminal proceedings; to provide certain exceptions to the general rule of privilege; to provide for confidentiality of communications between a family violence or sexual assault victim and agents providing services to such victims at family violence shelters and rape crisis centers; to provide for definitions; to provide for a waiver of confidentiality; to provide for admissibility of certain

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information; to provide for exceptions; to provide for procedure; 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 BE ENTITLED AN ACT
To amend Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to change provisions relating to spousal privilege in criminal proceedings; to provide certain exceptions to the general rule of privilege; to provide for confidentiality of communications between a family violence or sexual assault victim and agents providing services to such victims at family violence shelters and rape crisis centers; to provide for definitions; to provide for a waiver of confidentiality; to provide for admissibility of certain evidence; to provide for exceptions; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to privileges, is amended by revising Code Section 24-5-503, relating to husband and wife as witnesses for and against each other in criminal proceedings, as follows:
"24-5-503. (a) A husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other. (b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of subsection (a) of Code Section 24-5-501 or subsection (a) of Code Section 24-5-505 shall not apply in proceedings in which:
(1) The the husband or wife is charged with a crime against the person of a child under the age of 18, but such husband or wife shall be compellable to give evidence only on the specific act for which the accused is charged; (2) The husband or wife is charged with a crime against his or her spouse; (3) The husband or wife is charged with causing physical damage to property belonging to the husband and wife or to their separate property; or (4) The alleged crime occurred prior to the lawful marriage of the husband and wife."
SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"24-5-509. (a) As used in this Code section, the term:

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777

(1) 'Agent' means a current or former employee or volunteer of a program who has successfully completed a minimum of 20 hours of training in family violence and sexual assault intervention and prevention at a Criminal Justice Coordinating Council certified victim assistance program. (2) 'Family violence' shall have the same meaning as provided in Code Section 1913-1. (3) 'Family violence shelter' means a program whose primary purpose is to provide services to family violence victims and their families that is not under the direct supervision of a law enforcement agency, prosecuting attorney's office, or a government agency. (4) 'Family violence victim' means a person who consults a family violence shelter for the purpose of securing advice or other services concerning an act of family violence, an alleged act of family violence, or an attempted act of family violence. (5) 'Government agency' means any agency of the executive, legislative, or judicial branch of government or political subdivision or authority thereof of this state, any other state, the District of Columbia, the United States and its territories and possessions, or any foreign government or international governmental or quasigovernmental agency recognized by the United States or by any of the several states. (6) 'Negative effect of the disclosure of the evidence on the victim' shall include the impact of the disclosure on the relationship between the victim and the agent and the delivery and accessibility of services. (7) 'Program' means a family violence shelter or rape crisis center. (8) 'Rape crisis center' means a program whose primary purpose is to provide services to sexual assault victims and their families that is not under the direct supervision of a law enforcement agency, prosecuting attorney's office, or a government agency. (9) 'Services' means any services provided to a victim by a program including but not limited to crisis hot lines, safe homes and shelters, assessment and intake, counseling, services for children who are victims of family violence or sexual assault, support in medical, administrative, and judicial systems, transportation, relocation, and crisis intervention. Such term shall not include mandatory reporting as required by Code Section 19-7-5 or 30-5-4. (10) 'Sexual assault' shall have the same meaning as provided in Code Section 17-570. (11) 'Sexual assault victim' means a person who consults a rape crisis center for the purpose of securing advice or other services concerning a sexual assault, an alleged sexual assault, or an attempted sexual assault. (12) 'Victim' means a family violence victim or sexual assault victim. (b) No agent of a program shall be compelled to disclose any evidence in a judicial proceeding that the agent acquired while providing services to a victim, provided that such evidence was necessary to enable the agent to render services, unless the privilege has been waived by the victim or, upon motion by a party, the court finds by a

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preponderance of the evidence at a pretrial hearing or hearing outside the presence of the jury that:
(1) In a civil proceeding: (A) The evidence sought is material and relevant to factual issues to be determined; (B) The evidence is not sought solely for the purpose of referring to the victim's character for truthfulness or untruthfulness; provided, however, that this subparagraph shall not apply to evidence of the victim's prior inconsistent statements; (C) The evidence sought is not available or already obtained by the party seeking disclosure; and (D) The probative value of the evidence sought substantially outweighs the negative effect of the disclosure of the evidence on the victim; or
(2) In a criminal proceeding: (A) The evidence sought is material and relevant to the issue of guilt, degree of guilt, or sentencing for the offense charged or a lesser included offense; (B) The evidence is not sought solely for the purpose of referring to the victim's character for truthfulness or untruthfulness; provided, however, that this subparagraph shall not apply to evidence of the victim's prior inconsistent statements; (C) The evidence sought is not available or already obtained by the party seeking disclosure; and (D) The probative value of the evidence sought substantially outweighs the negative effect of the disclosure of the evidence on the victim.
(c) If the court finds that the evidence sought may be subject to disclosure pursuant to subsection (b) of this Code section, the court shall order that such evidence be produced for the court under seal, shall examine the evidence in camera, and may allow disclosure of those portions of the evidence that the court finds are subject to disclosure under this Code section. (d) The privilege afforded under this Code section shall terminate upon the death of the victim. (e) The privilege granted by this Code section shall not apply if the agent was a witness or party to the family violence or sexual assault or other crime that occurred in the agent's presence. (f) The mere presence of a third person during communications between an agent and a victim shall not void the privilege granted by this Code section, provided that the communication occurred in a setting when or where the victim had a reasonable expectation of privacy. (g) If the victim is or has been judicially determined to be incompetent, the victim's guardian may waive the victim's privilege. (h) In criminal proceedings, if either party intends to compel evidence based on this Code section, the party shall file and serve notice of his or her intention on the opposing party at least ten days prior to trial, or as otherwise directed by the court. The court

TUESDAY, FEBRUARY 7, 2012

779

shall hold a pretrial hearing in accordance with subsection (b) of this Code section and determine the issue prior to trial."

SECTION 3. This Act shall become effective on January 1, 2013.

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

The following amendment was read and adopted:

Representative Lindsey of the 54th et al. move to amend the Committee substitute to HB 711 as follows:

Add on Page 1, line 26 after the word "crime" the following:

"against his or her current spouse".

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 Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson E Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick

Y Heckstall Y Hembree Y Henson
Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey

Y Shaw Sheldon
Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch

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Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke
Coomer Y Cooper Y Crawford

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

Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Randall Y Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S E Setzler

Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 1.

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

Representative Mosby of the 90th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to HR 1323, the House commended the staff and members of Sherwood Baptist Church on their overwhelming success on the film Courageous and invited them to be recognized by the House of Representatives.

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

HR 1336. By Representatives Neal of the 1st and Weldon of the 3rd:

A RESOLUTION congratulating the Heritage High School girls cross country team on winning the 2011 GHSA Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.

HR 1337. By Representative Ralston of the 7th:

A RESOLUTION commending Austin Edward Vest for being named the National Vice President for the Technology Student Association and inviting him to be recognized by the House of Representatives; and

HR 1338. By Representatives Pak of the 102nd, Nix of the 69th, Harrell of the 106th, Casas of the 103rd, Lindsey of the 54th and others:

TUESDAY, FEBRUARY 7, 2012

781

A RESOLUTION commending South Korean Consulate General He-beom Kim and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1339. By Representatives Taylor of the 79th, Ralston of the 7th, Cooke of the 18th, Dutton of the 166th, Clark of the 98th and others:
A RESOLUTION commending University of Georgia Head Coach Mark Richt and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1340. By Representatives Casas of the 103rd, Teasley of the 38th, Coleman of the 97th, Rogers of the 26th, Scott of the 2nd and others:
A RESOLUTION recognizing and commending Luther Rice Seminary and University on the occasion of its 50th anniversary; and for other purposes.
HR 1341. By Representatives Casas of the 103rd, Jones of the 46th, Coleman of the 97th, Dickson of the 6th, Ehrhart of the 36th and others:
A RESOLUTION recognizing February 8, 2012, as Advanced Placement Day at the capitol; and for other purposes.
HR 1342. By Representatives McBrayer of the 153rd, Roberts of the 154th, Houston of the 170th and McCall of the 30th:
A RESOLUTION recognizing and commending the Tift County 4-H Poultry Judging Team; and for other purposes.
HR 1343. By Representatives Dickerson of the 95th, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Kendrick of the 94th and others:
A RESOLUTION recognizing and commending Reverend Jerry D. Black on the occasion of his 20th pastoral anniversary; and for other purposes.
HR 1344. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Teen Miss Dacula 2011 Caroline Hope Crumley; and for other purposes.

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HR 1345. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Young Junior Miss Dacula 2011 Sophia Sasso; and for other purposes.
HR 1346. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Miss Dacula Sweetheart 2011 Megan Chesne; and for other purposes.
HR 1347. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th:
A RESOLUTION honoring and recognizing Nexxtep Technology Services; and for other purposes.
HR 1348. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of George Hammond Law, Jr.; and for other purposes.
HR 1349. By Representatives Nimmer of the 178th, Houston of the 170th, Roberts of the 154th, Carter of the 175th, Shaw of the 176th and others:
A RESOLUTION recognizing and celebrating the birth of Ava Brooke Nimmer; and for other purposes.
Representative Morris of the 155th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 886 Do Pass
Respectfully submitted, /s/ Morris of the 155th
Chairman

TUESDAY, FEBRUARY 7, 2012

783

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HR 1162 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Roberts of the 154th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HR 879 Do Pass HR 1237 Do Pass

Respectfully submitted, /s/ Roberts of the 154th
Chairman

Representative Channell of the 116th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 289 Do Pass, by Substitute HB 634 Do Pass

HB 407 Do Pass, by Substitute HB 729 Do Pass, by Substitute

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Respectfully submitted, /s/ Channell of the 116th
Chairman
The following communications were received:
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
1 February 2012
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Sam Wellborn was reelected as the member of the State Transportation Board from the 3rd Congressional District. He will serve for a term expiring April 15, 2017. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,
Respectfully,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd Enclosures
cc: Honorable Nathan Deal Honorable Casey Cagle Honorable David Ralston Honorable Tommie Williams Honorable Sam Wellborn Honorable Steve Davis

TUESDAY, FEBRUARY 7, 2012

785

Honorable Valencia Seay Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Sam Wellborn has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 3rd Congressional District for a term expiring April 15, 2017.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

CERTIFICATION OF CAUCUS ELECTION

Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 25, 2012, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Sam Wellborn was elected as the member of the State Transportation Board from the 3rd Congressional District to serve a term expiring April 15, 2017.

Respectfully submitted,

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/s/ Steve Davis Honorable Steve Davis Representative, District 109 CHAIRMAN
/s/ Valencia Seay Honorable Valencia Seay Senator, District 34 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
1 February 2012
Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Kemp:
Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Jim Cole was reelected as the member of the State Transportation Board from the 8th Congressional District. He will serve for a term expiring April 15, 2017. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With all good wishes, I am,
Respectfully,
/s/ Wayne R. Allen Legislative Counsel
WRA:dd Enclosures
cc: Honorable Nathan Deal Honorable Casey Cagle

TUESDAY, FEBRUARY 7, 2012

787

Honorable David Ralston Honorable Tommie Williams Honorable Jim Cole Honorable Jay Roberts Honorable Johnny Grant Honorable Keith Golden Mr. Bob Ewing Mr. Robert E. Rivers, Jr.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

TO:

HONORABLE BRIAN KEMP

SECRETARY OF STATE

This is to certify that Honorable Jim Cole has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 8th Congressional District for a term expiring April 15, 2017.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

/s/ David Ralston HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

CERTIFICATION OF CAUCUS ELECTION

Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 25, 2012, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jim Cole was elected as the member of the State Transportation Board from the 8th Congressional District to serve a term expiring April 15, 2017.

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Respectfully submitted,
/s/ Jay Roberts Honorable Jay Roberts Representative, District 154 CHAIRMAN
/s/ Johnny Grant Honorable Johnny Grant Senator, District 25 SECRETARY
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, February 8, 2012

Seventeenth Legislative Day

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 Atwood Baker Battles
E Beasley-Teague E Benfield
Benton Beverly Black Braddock Brockway Brooks E Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins

Cooke Coomer Cooper Davis Dawkins-Haigler Dempsey Dickson Dobbs Dollar Drenner Dudgeon Dunahoo Dutton England Epps, J Fludd Frazier Fullerton Geisinger Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell Hatchett Hatfield

Heard Hembree E Henson Hightower Hill Holmes Holt Horne Houston Howard E Hudson Hugley James Jasperse Jerguson Jones, J Jones, S Kaiser Kendrick Kidd Knight Lane Maddox, B Maddox, G Manning Marin Martin Maxwell McCall McKillip

Meadows Mitchell Morgan Morris Mosby Murphy Neal, J Nimmer Nix O'Neal Pak Parrish Parsons Peake Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, T Rynders E Scott, M Scott, S E Setzler Shaw Sheldon

Sims, B Smith, E Smith, L Smith, R Smith, T Smyre Spencer Stephens, M Stephens, R Stephenson E Talton Tankersley Taylor, D E Taylor, R Taylor, T Teasley Thomas Watson Welch E Weldon Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

Due to a mechanical malfunction, Representatives Dickey of the 136th and Dukes of the 150th were not recorded on the attendance roll call. They wished to be recorded as present.

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

Representatives Bruce of the 64th, Crawford of the 16th, Dickerson of the 95th, Epps of the 128th, Evans of the 40th, Floyd of the 99th, Gardner of the 57th, Heckstall of the

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62nd, Jackson of the 142nd, Jacobs of the 80th, Johnson of the 37th, Jordan of the 77th, Lindsey of the 54th, Mayo of the 91st, McBrayer of the 153rd, Neal of the 75th, Oliver of the 83rd, Powell of the 29th, Rogers of the 26th, Sims of the 169th, Smith of the 129th, and Wilkerson of the 33rd.
They wished to be recorded as present.
Prayer was offered by Reverend Omer Reid, Pastor, Flagg Chapel Baptist Church, Milledgeville, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 923. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd:
A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga.

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791

L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 924. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd:
A BILL to be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3756), so as to change the description of the school board districts; to provide for definitions and inclusions; to provide for the continuation of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 925. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3718), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 926. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L.

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1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 927. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Thomson, approved March 15, 1973 (Ga. L. 1973, p. 2132), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3724), so as to change the description of the election districts for the members of the city council; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 928. By Representatives Riley of the 50th, Greene of the 149th, Maddox of the 172nd, Wilkerson of the 33rd, Anderson of the 117th and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that the board of trustees of such fund shall be authorized to employ a hearing officer; to provide for dispute resolution; to provide for powers and duties of the hearing officer; to provide for hearings; to provide for a record of hearings; to provide for judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 929. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others:
A BILL to be entitled an Act to repeal an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial

WEDNESDAY, FEBRUARY 8, 2012

793

census of 1970 or any future such census, approved March 31, 1976 (Ga. L. 1976, p. 3584), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1679); to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 930. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others:
A BILL to be entitled an Act to repeal an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 23, 1977 (Ga. L. 1977, p. 727), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1680); to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 931. By Representatives Shaw of the 176th, Meadows of the 5th, Jasperse of the 12th, Smith of the 131st, Maxwell of the 17th 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 update this state's domestic farmers' mutual fire insurance companies provisions; to provide that the companies are organized for the purpose of insuring property; to provide for minimum surplus requirements for the issuance of a certificate of authority; to provide that certain changes to a plan of operation require filing and approval by the Commissioner; to provide for bylaw amendment at least 30 days prior to adoption; to provide for minimum surplus requirements; to provide for limitations on amount that may be retained on any subject of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 932. By Representatives Williams of the 4th, Dickson of the 6th and Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to the definition of "nonresident subcontractor," payment of tax by contractors furnishing tangible personal property and services, liability of seller, withholding of payments due

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subcontractor, rate, bond, exemption of property unconsumed in use, property deemed consumed, and property of the state or of the United States, so as to change the required percentage of withholding payments due a nonresident subcontractor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 933. By Representatives Rogers of the 26th, Williams of the 4th and Brockway of the 101st:
A BILL to be entitled an Act to amend Code Section 10-14-7 of the Official Code of Georgia Annotated, relating to preneed escrow accounts, so as provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 934. By Representatives Parsons of the 42nd, Williams of the 4th, Horne of the 71st and Baker of the 78th:
A BILL to be entitled an Act to amend Code Section 50-37-3 of the Official Code of Georgia Annotated, relating to state agencies entering into guaranteed energy savings performance contracts, so as to change certain provisions relating to the process of implementing guaranteed energy savings performance contracts for governmental units; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 935. By Representatives Casas of the 103rd, Coleman of the 97th, Kaiser of the 59th, Dickson of the 6th, Dudgeon of the 24th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to school health nurse programs; to include school nurses in state formula funding based on full-time equivalent student counts; to provide for grants for supplies for school health nurse programs; to provide for a state-level coordinator for school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

WEDNESDAY, FEBRUARY 8, 2012

795

HB 936. By Representatives Casas of the 103rd, Coleman of the 97th, Dickson of the 6th, Dudgeon of the 24th and Maxwell of the 17th:
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 provide for the development of category-level expenditure controls for staff development funds; to include school level administrators in professional development funding under the Quality Basic Education Formula; to provide for state-wide strategic initiatives for professional development; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 937. By Representatives Spencer of the 180th, Atwood of the 179th, Stephens of the 164th, Gordon of the 162nd, Lane of the 167th and others:
A BILL to be entitled an Act to amend Code Section 27-4-171 of the Official Code of Georgia Annotated, relating to bait shrimp dealers, so as to increase the limit on bait shrimp that may be transported between dealers to 200 quarts; to increase the limit for on board shrimp; to increase the limit for land transfers of shrimp and transfers of shrimp to vehicles with aeration equipment; to provide for uniformity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 938. By Representatives Setzler of the 35th, Golick of the 34th and Ramsey of the 72nd:
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 repeal and reenact Article 5, relating to a transportation sales and use tax; to provide findings by the General Assembly; to provide definitions; to provide for an up to 1 percent local sales tax to be used to fund transportation projects in special transportation districts within this state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects for the district; to provide for contracting and constructing of the approved transportation projects; to provide for exemptions; to provide for annual reporting; to provide for related matters; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Transportation.
HB 939. By Representatives Rynders of the 152nd, Brockway of the 101st, Hamilton of the 23rd, Powell of the 29th and Morgan of the 39th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that, if the disqualification of a candidate is the result of an error or negligence and not the result of any action of the candidate and such error or negligence is verified in writing by the Secretary of State, the qualifying fee paid by the candidate may be refunded to the candidate; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1350. By Representatives Setzler of the 35th, Golick of the 34th and Ramsey of the 72nd:
A RESOLUTION proposing an amendment to the Constitution so as to create special transportation districts for taxation purposes for the funding of regional transportation projects; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:
HB 949. By Representatives Hamilton of the 23rd, Kidd of the 141st, Lindsey of the 54th, Morgan of the 39th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that the number of signatures for ballot access petitions, nomination petitions, and pauper's petitions shall be based on the turnout in the last presidential election instead of voter registration totals; to provide for the posting of certain information regarding elections at the election superintendent's office; to provide for related matters; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the use of certain driver's licensing information for voter registration purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Governmental Affairs.

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

HB 902 HB 904 HB 906 HB 908 HB 910 HB 912 HB 914 HB 917 HB 919 HB 921 HR 1335

HB 903 HB 905 HB 907 HB 909 HB 911 HB 913 HB 915 HB 918 HB 920 HB 922 SB 363

Representative Hamilton of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 636 Do Pass, by Substitute

Respectfully submitted, /s/ Hamilton of the 23rd
Chairman

Representative Smith of the 131st District, Chairman of the Committee on Insurance, submitted the following report:

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

HB 640 HB 785 HB 786

Do Pass Do Pass Do Pass

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Respectfully submitted, /s/ Smith of the 131st
Chairman
Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 839 Do Pass
Respectfully submitted, /s/ Sims of the 169th
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 1168 Do Pass HR 1179 Do Pass
Representative Neal of the 1st District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1325 Do Pass
Respectfully submitted, /s/ Neal of the 1st
Chairman
Representative Roberts of the 154th District, Chairman of the Committee on Transportation, submitted the following report:

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Mr. Speaker:

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

HB 817 Do Pass, by Substitute HB 835 Do Pass, by Substitute

Respectfully submitted, /s/ Roberts of the 154th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 8, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

HB 342

Stalking; family violence order; define (Substitute)(JudyNC-McKillip115th)

Structured Rule

None

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Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Williams of the 113th, Channell of the 116th, Welch of the 110th, Davis of the 109th, Baker of the 78th, Yates of the 73rd, Purcell of the 159th, Burns of the 157th, Knight of the 126th, Coomer of the 14th, Battles of the 15th, and Jasperse of the 12th.
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 839. By Representatives Maxwell of the 17th and Braddock of the 19th:
A BILL to be entitled an Act to amend an Act to provide for the election of the members of the Paulding County Board of Education, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4151), so as to revise the districts for the election of members of the board of education; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 700. By Representatives Purcell of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting

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Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), is amended by striking subsection (a) of Section 1-3 in its entirety and inserting in its place the following:
"(a) The Board of Education of Effingham County which existed on the effective date of this Act is continued in existence. Those members of the Board of Education of Effingham County who are currently serving and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. The Board of Education of Effingham County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as they existed immediately prior to the effective date of this Act. Education Districts 1, 2, 3, 4, and 5 shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Successor members and future successors to represent Education Districts 1 and 4 shall be elected at the primary election in 2014 and every four years thereafter. Successor members and future successors to represent Education Districts 2, 3, and 5 shall be elected at the primary election in 2012 and every four years thereafter."
SECTION 2. It shall be the duty of the attorney of the Board of Education of Effingham County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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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.

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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J
Neal, Y Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley
Thomas VACANT VACANT Y Watson Y Welch E Weldon Y Wilkerson Y Wilkinson Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

WEDNESDAY, FEBRUARY 8, 2012

803

On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 155, nays 0.
The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 337. By Senators Goggans of the 7th, Unterman of the 45th, Cowsert of the 46th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 339. By Senators Miller of the 49th, Williams of the 19th, Mullis of the 53rd, Hill of the 32nd, Millar of the 40th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 6 of the O.C.G.A., relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide for related matters; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 675. By Representatives Cooper of the 41st, Harden of the 147th, Wilkinson of the 52nd, Kaiser of the 59th, Watson of the 163rd and others:

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A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the definitions of "approved nursing education programs" for registered professional nurses and licensed practical nurses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 709. By Representatives Stephens of the 164th and Tankersley of the 158th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, specifically by an Act approved September 15, 2001 (Ga. L. 2001 Ex. Sess., p. 290), so as to reconstitute the board of education; to change the description of the education districts; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 337. By Senators Goggans of the 7th, Unterman of the 45th, Cowsert of the 46th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 339. By Senators Miller of the 49th, Williams of the 19th, Mullis of the 53rd, Hill of the 32nd, Millar of the 40th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 6 of the O.C.G.A., relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide for related matters; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to transfer

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certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
Pursuant to HR 1168, the House commended Frank N. Osborne Middle School and invited Principal John Campbell to be recognized by the House of Representatives.
Pursuant to HR 1302, the House recognized the second week in November as Kindness Week at the capitol.
Pursuant to HR 1179, the House commended CeVontae Marque Miller and invited him to be recognized by the House of Representatives.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1168. By Representatives Sheldon of the 105th and Coleman of the 97th:
A RESOLUTION commending Frank N. Osborne Middle School and inviting Principal John Campbell to be recognized by the House of Representatives; and for other purposes.
HR 1179. By Representatives Scott of the 76th, Jordan of the 77th, Neal of the 75th, Beasley-Teague of the 65th, Dickerson of the 95th and others:
A RESOLUTION commending CeVontae Marque Miller and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1353. By Representative Heckstall of the 62nd:
A RESOLUTION recognizing and commending Ms. Valerie Marie Brown on the occasion of her retirement; and for other purposes.

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HR 1354. By Representative Benton of the 31st:
A RESOLUTION commending Mr. Chris Corkery, Jefferson Middle School's 2012 Teacher of the Year and Jefferson City Schools Teacher of the Year; and for other purposes.
HR 1355. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Diane Mergele, West Jackson Primary School's 2012 Teacher of the Year and Jackson County School System's Teacher of the Year; and for other purposes.
HR 1356. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Mr. Cary Lepzelter, Jackson County Comprehensive High School's 2012 STAR Teacher; and for other purposes.
HR 1357. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Elizabeth Page Johnson, Jackson County Comprehensive High School's 2012 STAR Student; and for other purposes.
HR 1358. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Jill Edmondson, East Jackson Comprehensive High School's 2012 STAR Student; and for other purposes.
HR 1359. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Denise Backus, East Jackson Comprehensive High School's 2012 STAR Teacher; and for other purposes.
HR 1360. By Representative Benton of the 31st:
A RESOLUTION commending Jennifer Ringo, Jefferson High School's 2012 STAR Student; and for other purposes.
HR 1361. By Representative Benton of the 31st:
A RESOLUTION commending Tirth Devang Shah, Commerce High School's 2012 STAR Student; and for other purposes.

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HR 1362. By Representative Benton of the 31st:
A RESOLUTION commending Matthew M. Dahlke, Commerce High School's 2012 STAR Teacher; and for other purposes.
HR 1363. By Representative Benton of the 31st:
A RESOLUTION commending Mr. Kris Plummer, Jefferson High School's 2012 STAR Teacher; and for other purposes.
HR 1364. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Susan Redmon, the 2012 Commerce Elementary School Teacher of the Year and Commerce City Schools Teacher of the Year; and for other purposes.
HR 1365. By Representatives Atwood of the 179th and Lane of the 167th:
A RESOLUTION recognizing and commending Honorable Judge Orion L. Douglass; and for other purposes.
HR 1366. By Representatives McCall of the 30th, Tankersley of the 158th, Black of the 174th and Williams of the 113th:
A RESOLUTION recognizing and commending Alpha Gamma Rho fraternity at the University of Georgia on the occasion of its 85th anniversary; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 342. By Representatives McKillip of the 115th, Lindsey of the 54th, Evans of the 40th and Houston of the 170th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to define "family violence order"; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT

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To amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to define "family violence order"; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by revising Code Section 16-5-95, relating to the offense of violating a family violence order, as follows:
"16-5-95. (a) As used in this Code section, the term:
(1) 'Family violence' shall have the same meaning as set forth in Code Section 19-131. (2) 'Family violence order' means:
(A) Any temporary restraining order, temporary protective order, permanent restraining order, or permanent protective order issued pursuant to Article 1 of Chapter 13 of Title 19; (B) Any order of pretrial release issued as a result of an arrest for an act of family violence; or (C) Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence. (b) A person commits the offense of violating a family violence order when the such person knowingly and in a nonviolent manner violates the terms of a family violence temporary restraining order, temporary protective order, permanent restraining order, or permanent protective order issued against that person pursuant to Article 1 of Chapter 13 of Title 19, which: (1) Excludes, evicts, or excludes and evicts the person from a residence or household; (2) Directs the person to stay away from a residence, workplace, or school; (3) Restrains the person from approaching within a specified distance of another person; or (4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in the order. (b)(c) Any person convicted of a violation of subsection (a) (b) of this Code section shall be guilty of a misdemeanor. (c)(d) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct."

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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

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

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The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, FEBRUARY 8, 2012
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
None
Modified Structured Rule
HR 1162 General Assembly; state-wide education policy; clarify authority - CA (Substitute)(Ed-Jones-46th)
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others:

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A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; 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 of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to establish special schools; to provide that special schools include charter 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, Section I of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the General Assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law."
SECTION 2. Article VIII, Section V of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits; provided, however, that the authority provided for in this paragraph shall not diminish any authority of the General Assembly otherwise granted under this article, including the authority to establish special schools as provided for in Article VIII, Section V, Paragraph VII. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as

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the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established."
SECTION 3. Article VIII, Section V of the Constitution is amended by revising Paragraph VII as follows:
"Paragraph VII. Special schools. (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. Special schools shall include charter schools, as defined and provided for by law; provided, however, that special schools shall only be public schools. The state is authorized to expend funds for the support and maintenance of special schools in such amount and manner as may be provided by law. (b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983."
SECTION 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to allow state or local ( ) NO approval of public charter schools upon the request of local
communities?" 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:

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E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood N Baker Y Battles N Beasley-Teague N Bell N Benfield N Benton N Beverly Y Black Y Braddock Y Brockway N Brooks N Bruce E Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

Y Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson N Dobbs Y Dollar Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans N Floyd N Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jasperse Y Jerguson N Johnson Y Jones, J Y Jones, S N Jordan Y Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning N Marin Y Martin Y Maxwell Y Mayo

N McBrayer N McCall Y McKillip Y Meadows N Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y N Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T N Rynders Y Scott, M N Scott, S Y Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E N Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Spencer N Stephens, M Y Stephens, R N Stephenson E Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT VACANT Y Watson Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 110, nays 62.

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

Representative Lindsey of the 54th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HR 1162.

Representative Clark of the 98th moved that the following Bill of the House be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Budget and Fiscal Affairs Oversight:

HB 669. By Representatives Clark of the 98th, Allison of the 8th, Ramsey of the 72nd, Welch of the 110th, Cooke of the 18th and others:

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A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to require the reporting of federal funds received by certain state agencies; to provide for definitions; to provide for contingency plans in the event of a reduction in federal funds; to provide for submittal of a report to legislative appropriations committees; to provide for legislative recommendations; to provide for legislative study regarding reporting by schools and postsecondary institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative O'Neal of the 146th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, February 9, 2012

Eighteenth Legislative Day

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

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

E Abdul-Salaam Abrams Allison Amerson Anderson Ashe Atwood Baker Battles Beasley-Teague Benton Beverly Black Braddock Brooks Bruce
E Bryant Buckner Burns Byrd Carter Casas Channell Cheokas Clark, V Coleman Collins Cooper Crawford Davis

E Dawkins-Haigler E Dempsey E Dickerson
Dickey Dickson Drenner Dudgeon Dunahoo Dutton Ehrhart England Epps, J Evans Frazier Fullerton Gardner Geisinger Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell Hatchett Hatfield Heard Hembree

E Henson Hill Holcomb Holmes Holt Horne Houston Hugley James Jasperse Jerguson Jones, J Jones, S Kaiser Kendrick Kidd Knight Lindsey Long Maddox, G Martin Maxwell Mayo McBrayer McCall McKillip Meadows Mitchell
E Morgan

Mosby Murphy Neal, J E Neal, Y Nimmer Nix Oliver O'Neal Pak Parent Parrish Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M Scott, S Shaw

Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Spencer Stephens, M Stephens, R E Stephenson E Talton Tankersley Taylor, D Taylor, T Teasley Thomas Watson E Welch Wilkerson Wilkinson Willard Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Bell of the 58th, Brockway of the 101st, Carson of the 43rd, Clark of the 98th, Cooke of the 18th, Dobbs of the 53rd, Dollar of the 45th, Dukes of the 150th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Heckstall of the 62nd, Hightower of the 68th, Howard of the 121st, Hudson of the 124th, Jackson of the 142nd, Jacobs of the 80th, Johnson of the 37th, Jordan of the 77th, Lane of the 167th, Manning of the

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32nd, Marin of the 96th, Morris of the 155th, Setzler of the 35th, and Williams of the 165th.
They wished to be recorded as present.
Prayer was offered by Dr. Charles Bishop, Pastor, Subligna Baptist Church, Summerville, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 134th, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 940. By Representatives Pak of the 102nd, Ramsey of the 72nd, Atwood of the 179th, Setzler of the 35th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the Georgia Public Defender Standards Council, so as to change certain provisions relating to payment of attorney in event of conflict of interest in capital cases, number of

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attorneys appointed, county governing authority's financial responsibility, and expenses; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 941. By Representatives O`Neal of the 146th, Talton of the 145th, Harden of the 147th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5590), so as to change the description of the education districts; to provide definitions and inclusions; to provide for the continuance in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 942. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said Code in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to reenact the statutory portions of said Code, as amended; to provide for other matters relating to revision and reenactment of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 943. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales, so as to change the number of retail dealer licenses that a person may hold or have a beneficial interest in; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.

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HB 944. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 945. By Representatives Teasley of the 38th, Morris of the 155th, Williamson of the 111th, Dutton of the 166th, Dawkins-Haigler of the 93rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the issuance of non-cash valued shares by a bank or trust company with approval from the Department of Banking and Finance; to provide for the issuance of dividends from sources other than retained earnings with prior approval from the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 946. By Representatives Teasley of the 38th, Morris of the 155th, Williamson of the 111th, Dutton of the 166th, Dawkins-Haigler of the 93rd and others:
A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and brokers, so as to prohibit certain mortgage activities without a license; to provide for qualifications for the issuance of a mortgage loan originator license; to provide for the power of the department to revoke or decline to issue a license or registration in certain instances; to provide for the prohibition of certain conduct by persons engaged in mortgage activities; to provide for a grace period for serving residential mortgages with an inactive license or registration; to provide for certain criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.

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HB 947. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved March 10, 2008 (Ga. L. 2008, p. 3531), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 948. By Representatives Oliver of the 83rd, Manning of the 32nd, Harden of the 147th, Scott of the 2nd, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to expand mandatory reporting requirements; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 950. By Representatives Williams of the 4th, Powell of the 171st, Houston of the 170th, Rogers of the 26th, Kidd of the 141st and others:
A BILL to be entitled an Act to amend Code Section 7-4-18 of the O.C.G.A., relating to criminal penalties for excessive interest rates, so as to exclude motor vehicle title loan brokers from a 5 percent per month interest limit; to amend Article 3 of Chapter 12 of Title 44 of the O.C.G.A., relating to bailments, so as to remove motor vehicles from the classification of pledged goods for pawn transactions and responsibilities of pawn brokers; to amend Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, so as to remove motor vehicles from liens that are considered pawn transactions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 951. By Representatives Harbin of the 118th, Powell of the 29th, Smith of the 129th, Martin of the 47th and Stephens of the 164th:

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A BILL to be entitled an Act to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state financing and investment, so as to provide that general obligation debt may only be used for the purposes authorized by the General Assembly; to provide that the proceeds of general obligation debt may be redirected only upon authorization by the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 952. By Representatives Neal of the 1st, Cooper of the 41st and Tankersley of the 158th:
A BILL to be entitled an Act to amend Code Section 26-4-5 of the Official Code of Georgia Annotated, relating to definitions applicable to pharmacists and pharmacies, so as to provide for definitions of certain opioid drugs; to amend Code Section 26-4-28 of the Official Code of Georgia Annotated, relating to powers, duties, and authority of the State Board of Pharmacy, so as to authorize the State Board of Pharmacy to approve and designate certain opioid products that utilize tamper resistance technologies; to amend Code Section 26-4-81 of the Official Code of Georgia Annotated, relating to substitution of generic drugs for brand name drugs, so as to provide for instructions from physicians to pharmacists relating to the use of tamper resistant technologies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 953. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, and Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, so as to modify provisions relating to funeral directors and cemeterians; to allow for electronic signatures for funeral services and related preneed contracts; to clarify definitions relating to funeral services; to clarify registration requirements for preneed dealers; to provide for the oversight of funeral service preneed providers by the State Board of Funeral Service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.

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HB 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 1351. By Representatives Dobbs of the 53rd, Jones of the 44th, Golick of the 34th, Ralston of the 7th, Purcell of the 159th and others:
A RESOLUTION honoring the life of Trooper Chadwick T. LeCroy and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1352. By Representatives Black of the 174th, Carter of the 175th and Shaw of the 176th:
A RESOLUTION honoring the life of Explosive Ordinance Disposal Technician First Class Joseph Adam McSween and dedicating an intersection in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1367. By Representatives Geisinger of the 48th, Smith of the 70th, Martin of the 47th, Riley of the 50th, Williams of the 113th and others:
A RESOLUTION urging Congress to prohibit the Environmental Protection Agency (EPA) from further regulating greenhouse gas emissions without a comprehensive economic and environmental study; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

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By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:

HB 962. By Representatives Randall of the 138th, Beverly of the 139th, Epps of the 140th and Holmes of the 125th:

A BILL to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 963. By Representatives Randall of the 138th, Beverly of the 139th, Peake of the 137th, Epps of the 140th and Holmes of the 125th:

A BILL to be entitled an Act to amend an Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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

HB 923 HB 925 HB 927 HB 929 HB 931 HB 933 HB 935 HB 937 HB 939 HR 1350 SB 339

HB 924 HB 926 HB 928 HB 930 HB 932 HB 934 HB 936 HB 938 HB 949 SB 337

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823

Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:

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

HB 853

Do Pass, by Substitute
Respectfully submitted, /s/ McCall of the 30th
Chairman

Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 800 Do Pass, by Substitute

Respectfully submitted, /s/ Yates of the 73rd
Chairman

Representative Hembree of the 67th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 730 Do Pass

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

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Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 838 HB 876 HB 883 HB 902 HB 911

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

HB 848 HB 882 HB 885 HB 903 SB 306

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

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

Mr. Speaker:

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

HB 472 Do Pass, by Substitute HB 880 Do Pass, by Substitute

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

Representative Maxwell of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

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825

HB 236 Do Pass HB 250 Do Pass

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

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

HR 1278 Do Pass HR 1280 Do Pass HR 1326 Do Pass

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 9, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 409

Veterinarians; application for license; revise provisions (A&CA-Maddox172nd)

Modified Structured Rule

HB 707

Elections; valid student identification card with photograph to vote; provide (GAff-Morgan-39th)

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Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 838. By Representatives Maxwell of the 17th and Braddock of the 19th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4480), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4480), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4480), is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows:
"SECTION 3. (a) The county shall be divided into four commissioner districts which shall correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: pauldingccR-2012 Plan Type: local Administrator: paulding cc User: SE'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Paulding County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Paulding County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c) The commissioners shall be residents of the districts which they seek to represent and shall continue to reside in such districts during their terms of office. The chairperson and commissioners shall be elected for terms of four years and until their successors are elected and qualified. The commissioner from Post 1 representing District 1 who was elected at the general election in 2008 shall continue to hold office until the term for which he or she was elected shall expire and until his or her successor is elected and qualified. The commissioners from Posts 2, 3, and 4 representing Districts 2, 3, and 4, respectively, elected at the general election in 2010 shall continue to hold office until the terms for which they were elected shall expire and until their successors are elected and qualified. The chairperson and the commissioner from Post 1 shall be elected to four-year terms at the general election in 2012 and shall serve until

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their successors are elected and qualified. The commissioners from Posts 2, 3, and 4 shall be elected to four-year terms at the general election in 2014 and shall serve until their successors are elected and qualified. Thereafter, all successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
SECTION 2. The Board of Commissioners of Paulding County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date, this Act shall be void and stand repealed in its entirety.
SECTION 4. The provisions of this section and Section 3 of this Act, relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Paulding County, shall become effective upon its approval by the Governor or upon its becoming law without such approval; and this Act shall otherwise become effective January 1, 2013.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan: pauldingccR-2012 Plan Type: local Administrator: paulding cc User: SE
District 001 Paulding County VTD: 22301 - PAULDING CO HIGH VTD: 22304 - MCGARITY ELEM 120202: 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2050 2051 2052 2053 2054 2055 2056 2057 2075 2076 2077 2078

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120302: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2048 2049 2056 2068 2070 120501: 2000 2001 2002 2006 2008 2012 2024 2093 VTD: 22312 - EAST PAULDING HIGH VTD: 22319 - HIRAM HIGH 120302: 2069 120501: 1004 1005 1006 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1035 1036 1037 2079 2080 120503: 2019 2021 2023 2027 2029 2030 VTD: 22320 - C A ROBERTS ELEM VTD: 22321 - BETHANY CHRIST CHURCH 120502: 1000 1001 1002 1003 1004 1005 1006 2000 2001 120503: 2028 VTD: 22323 - EAST PAULDING VTD: 22324 - DALLAS 1ST BAPTIST 120301: 1014 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1047 1048 1061 1062 1063 1064 1065 1066 1067 2010 2011 2012 2013 2014 2015 2016 2017 2018 2024 120302: 4044 4045 4046 4047 VTD: 22326 - PICKETTS MILL 120101: 3011 3012 3013 3014 120102: 2006 2007 2008 2009 2011 2014 2015 2016 2017 2018 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2041 2042 2043 VTD: 22328 - HOPE CHURCH
District 002 Paulding County

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VTD: 22302 - DALLAS FIRST UM 120302: 2086 2087 2088 3008 3009 3012 3025 3027 3028 3029 3030 3036 3037 3038 3039 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3058 3060 3061 3062 3063 3064 3065 3068 3069 3070 3077 3078 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3132 3136 3137 3138 3139 3140 3141 3143 3145 3146 3147 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4042 4054 4055 4056 120303: 1010 1011 VTD: 22307 - SOUTH PAULDING 120400: 3000 3001 3002 3003 3005 3006 3007 3010 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 120605: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1019 1020 1021 1022 1031 1032 1033 1034 1050 VTD: 22308 - UNION ELEMENTARY VTD: 22309 - BEULAHLAND BAPTIST VTD: 22314 - NEBO ELEMENTARY 120502: 3007 120605: 1010 1011 1012 1013 1014 1015 1016 1017 1018 1023 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 VTD: 22317 - NEW GEORGIA BAPTIST VTD: 22318 - ALLGOOD VTD: 22324 - DALLAS 1ST BAPTIST 120301: 1027 1045 1046 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 120302: 4038 4039 4040 4041 VTD: 22325 - POOLE ELEMENTARY 120302: 3075 3076 3079 3080 3142 3144 3148 3149 3150 120303:

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831

1012 1013 120400: 1004 1005 1006 1019 1020 1021 1022 1023 1028 1029 1030 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1065 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2029 2030 2031 2032 2033 2034 2035 2053 2054 2055 2060 2061 2064 2067 2073 2074 2075 VTD: 22327 - AUSTIN MIDDLE SCHOOL
District 003 Paulding County VTD: 22304 - MCGARITY ELEM 120302: 2047 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 120501: 1000 1001 1002 1003 1012 1013 2003 2004 2005 2007 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2053 2054 2055 2061 2062 2063 2070 2071 2072 VTD: 22305 - HIRAM COMMUNITY VTD: 22306 - P B RITCH ELEM VTD: 22307 - SOUTH PAULDING 120502: 4001 4002 4011 VTD: 22314 - NEBO ELEMENTARY 120502: 3003 3004 3005 3006 3008 3009 4000 4003 4004 4005 4006 4007 4008 4009 4010 120605: 1051 2000 2001 2002 2003 2004 2005 2006 2007 VTD: 22315 - DOBBINS MIDDLE VTD: 22316 - PANTER ELEMENTARY VTD: 22319 - HIRAM HIGH 120501: 1042 1043 2081 120503: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1021 1022 1023 1024 1025 1026 1027 1028 1032 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 2015 2016 2017 2020 2022 2024 2025 2026 2031 2032 VTD: 22321 - BETHANY CHRIST CHURCH

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120502: 1007 1008 1009 1010 1011 1012 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 3000 3001 3002 3010 3011 3012
District 004 Paulding County VTD: 22302 - DALLAS FIRST UM 120302: 1008 1009 1011 3010 3016 3017 3019 3022 3023 3031 3032 3033 3040 3041 3042 3043 3054 3055 3056 3057 3158 4000 4001 4002 4003 4004 4005 4006 4007 4018 4068 VTD: 22303 - MOSES MIDDLE SC VTD: 22310 - MCCLURE MIDDLE VTD: 22311 - SHELTON ELEMENTARY VTD: 22313 - NORTHSIDE ELEMENTARY VTD: 22322 - RUSSOM ELEMENTARY VTD: 22324 - DALLAS 1ST BAPTIST 120102: 1035 1036 1037 1038 120103: 1016 1017 1018 1019 1020 120301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1016 1060 2003 VTD: 22325 - POOLE ELEMENTARY 120104: 1076 1077 1078 1080 120302: 1018 1019 1020 1032 120400: 1000 1001 1002 1003 1024 1025 1026 1027 1031 1032 1033 1034 1035 VTD: 22326 - PICKETTS MILL 120101: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 120102: 2021
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

THURSDAY, FEBRUARY 9, 2012

833

HB 848. By Representatives Dickson of the 6th, Williams of the 4th and Weldon of the 3rd:
A BILL to be entitled an Act to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, approved April 4, 1991 (Ga. L. 1991, p. 3638), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4301), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, approved April 4, 1991 (Ga. L. 1991, p. 3638), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4301), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, approved April 4, 1991 (Ga. L. 1991, p. 3638), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4301), is amended by revising paragraph (2) of Section 1 as follows:
"(2)(A) 'Education districts' means the five education districts for the election of members of the board of education as described in this paragraph. Education Districts 1 through 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: whitfieldsbR-2012 Plan Type: Local Administrator: Whitfield SB User: SE'. Education District 5 shall be composed of the entire County of Whitfield with the exception of that portion of the county embraced by the city limits of Dalton. (B)(1) For the purposes of such plan:

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(i) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (ii) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the Whitfield County School District which is not included in any district described in subparagraph (A) of this paragraph shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Whitfield County School District which is described in subparagraph (A) of this paragraph as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. (a) Those members of the Board of Education of Whitfield County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, 3, and 4, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.
SECTION 3. The Board of Education of Whitfield County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 9, 2012

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Plan: whitfieldsbR-2012 Plan Type: Local Administrator: Whitfield SB User: SE
District 001 Whitfield County VTD: 3135A - 5A 000400: 1013 1014 1015 1016 1029 1030 1033 1035 1037 1038 3072 3073 3074 4001 4003 4009 4036 VTD: 3136A - 6A 001000: 1006 1010 1026 1027 1030 1031 1035 1037 1038 1039 2022 2023 2024 001300: 1000 1001 1002 1003 1008 1010 1011 1012 1014 1017 1020 1022 1024 1027 1048 1052 1053 1054 1057 1058 1059 1062 1064 1065 1079 1080 1088 VTD: 313AN - ANTIOCH 001200: 1014 2006 2007 2008 2009 2010 2011 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 4000 4001 4008 4009 4010 4011 4012 4018 4019 4021 4023 4027 4029 4031 4032 4033 4034 4035 4036 4039 4041 4042 4045 4047 4048 4050 4051 4052 4054 4056 4058 4060 4061 4064 4067 4071 4072 4074 4075 5015 5035 5036 5039 5048 5049 6027 6028 6029 6030 6031 6032 6033 6034 6035 6037 6039 6040 6046 6048 6050 6052 001300: 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1044 1045 1068 1069 1070 1071 1072 1073 1074 1075 1078 1082 1083 1084 1085 1086 1087 2004 2005 2006 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 VTD: 313DG - DUG GAP 001200: 5033 5034 5042 5043 5044 5045 001400: 2039 2040 2043 2053 4022 5000 5005 5006 5009 5012 5015 5018 5021 5023 5024 5025 5026 5027 5029 5032 5033 5034 5035 5036 5037 5039 5042 5047 5048 5049 5050 5051 5053 5055 5056 5057 5059 5066 5067 5068 5069 5070 5072 5079 001500:

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1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1021 1022 1028 1029 VTD: 313ES - EASTSIDE 000400: 1002 1003 1004 1005 1006 1007 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1031 1032 1039 1040 5000 5002 001000: 1000 1001 1002 1003 1004 1005 1007 1008 1009 1012 1015 1016 1017 1018 1019 1028 001100: 1000 2000 2001 2002 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 VTD: 313FI - FINCHER 001100: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 001200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 2000 2001 2002 2003 2004 2005 2012 VTD: 313TI - TILTON 001200: 4040 4073 001500: 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 4015 4016 4017 4018 4019 4020 4021 4022 4023 4031 4032 4033 4034 4035 4036 4037 4038 4040 4041 4044 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5014 5015 5017 5018 5019 5020 5021 5035 5043 5044 5045 5047
District 002 Whitfield County VTD: 3135A - 5A 000400: 2018 3049 3052 3054 3055 3056 3057 3058 3066 3070 3071 3076 3080 3086 000502: 1000 VTD: 313CO - COHUTTA VTD: 313GL - GROVE LEVEL

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837

000301: 1004 1005 1006 1007 1008 1009 2011 2012 3001 3002 3006 3007 3008 3009 3010 3011 3012 3013 3016 3017 3020 3026 000400: 1000 1001 1042 2000 2001 2003 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 3000 3001 3002 3003 3005 3006 3009 3010 3011 3012 3015 3016 3019 3020 3023 3030 3031 3034 3036 3037 3039 3040 3041 3042 3043 3044 3045 3046 3050 3051 3053 3077 3078 3079 3085 3087 3088 3089 3090 3091 3092 3096 3097 3099 VTD: 313LT - LOWER TENTH VTD: 313NI - NINTH VTD: 313PG - PLEASANT GROVE 000302: 1012 1013 1014 2033 2034 2035 2036 2037 2038 2042 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3023 3024 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4012 4013 4023 4024 4027 4031 4040 4042 4043 4045 4048 4049 000501: 1023 1024 1025 VTD: 313UT - UPPER TENTH
District 003 Whitfield County VTD: 3131A - 1A 000502: 1006 3001 3002 3003 3007 3008 3009 3015 3016 3018 3019 3020 3022 3023 3026 3028 3029 3030 3031 3032 3033 3037 3041 3054 4000 4002 4012 4013 4023 4024 4026 VTD: 3132A - 2A 000302: 2017 2018 2019 000501: 1001 2004 2005 2006 2007 2008 2013 2015 2016 2018 2020 2024 2029 2030 2033 2034 2035 2036 2037 2038 2041 2042 2044 2057 2065 2067 2068 3020 3023 3024 3025 3026 000502: 3004 3005 3006 3010 3013 000600: 2012 2013 2014 2021 2022 2025 000800: 1001 1002 1007 1011 1013 1017 1140

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VTD: 313GL - GROVE LEVEL 000301: 1010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 VTD: 313PG - PLEASANT GROVE 000302: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1015 2020 2021 2026 2027 2028 2029 2030 2031 2032 2039 2040 2041 4015 4016 000501: 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 2000 2001 2002 2003 2058 2060 2062 2063 2064 3027 VTD: 313TH - TUNNEL HILL 000102: 3023 3024 3025 3026 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3045 3046 3047 000302: 2008 2009 2010 2011 2016 000501: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3037 000600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2016 2017 2018 2026 2027 2028 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 VTD: 313VA - VARNELL
District 004 Whitfield County VTD: 3132A - 2A 000502:

THURSDAY, FEBRUARY 9, 2012

839

4033 000800: 1008 1018 1019 1028 1029 1033 1034 1037 1042 1048 1054 1065 1071 1072 1080 1084 1088 1094 1096 1098 1101 1106 1127 1136 1137 1143 3000 3001 3004 000900: 3010 VTD: 3134A - 4A 001200: 6026 001400: 1003 1007 1009 1011 1012 1013 1014 1015 1016 1026 1027 1030 1031 1032 1033 1035 1036 1040 1042 1047 1048 1056 1057 2004 2007 2008 2009 2015 2016 2022 2025 2027 2028 2029 2032 2034 2051 2052 2070 2071 2072 2073 2074 3026 3028 3029 3030 3033 3036 3042 3043 3044 3045 3046 VTD: 313CA - CARBONDALE VTD: 313DG - DUG GAP 000800: 1125 1126 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3021 3024 3025 3033 3035 3037 001200: 5007 5008 5009 5010 5020 5021 5022 5023 5050 001400: 1017 1018 1021 1023 1051 1052 1053 1054 2030 2035 2042 2045 2046 2054 2055 2056 2065 2067 2077 4000 4001 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4015 4016 4017 4018 4019 4020 4021 5043 5062 5063 001500: 1014 1015 1016 1017 1018 1019 1020 1023 1024 1025 1026 1027 1030 1031 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 3002 3004 4013 4014 4024 4025 4026 4027 4028 4029 4030 4043 VTD: 313MC - MILL CREEK 000700: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3019 3027 3028 3029 3031 3032 3033 3034 3035 000800: 1089 1092 1107 1108 1109 1110 1113 1122 1123 1124 1128 1133 1134 1135 3013 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021

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5022 5023 VTD: 313TH - TUNNEL HILL 000600: 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 000700: 1000 1001 1002 1003 1004 VTD: 313TR - TRICHUM VTD: 313WS - WESTSIDE 000700: 1006 1007 1008 1009 1010 1011 1012 2030 2031 2034 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 000800: 1020 1021 1022 1023 1024 1025 1026 1027 1059 1099 1100 1102 1103 1104 1105 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 5000
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 876. By Representative Epps of the 140th:
A BILL to be entitled an Act to amend an Act creating a Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4482), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for legislative intent; to provide for the 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 882. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3730), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of

THURSDAY, FEBRUARY 9, 2012

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the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 883. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3736), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 885. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3981), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 902. By Representative Greene of the 149th:
A BILL to be entitled an Act to revise and restate the law relating to the Calhoun County Board of Education; to provide for the number of members of the board and the districts from which they are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal the amendment to the Constitution providing

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for the division of Calhoun County into five school districts and for the election of a seven-member board of education, which amendment was proposed by 1955 Senate Resolution No.20, Resolution Act No. 53 (Ga. L. 1955, p. 470), and was continued in force and effect by an Act approved March 18, 1986 (Ga. L. 1986, p. 3940); to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 903. By Representatives Greene of the 149th and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3570), so as to remove Clay County and Quitman County from membership in such authority; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 911. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to amend an Act to provide for compensation for the judge of the state court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1987, p. 3723), so as to change the compensation for the judge of the State Court of Putnam County, the solicitor-general of the State Court of Putnam County, the clerk of the State Court of Putnam County, and the sheriff of Putnam County; 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 306. By Senators Bulloch of the 11th and Golden of the 8th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Thomas County, approved March 30, 1989 (Ga. L. 1989, p. 4321), as amended, particularly by an Act approved April 11, 2002 (Ga. L.

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2002, p. 3898), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson
Dickey Y Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hightower Y Hill Y Holcomb Y Holmes
Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G
Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S
Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson E Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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On the passage of the Bills, the ayes were 154, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 343. By Senators Heath of the 31st, Hill of the 32nd, Miller of the 49th, Chance of the 16th and Jackson of the 24th:
A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to designate the state accounting officer as the Comptroller General; to transfer the office, functions, duties, and responsibilities of the Comptroller General from the Commissioner of Insurance to the State Accounting Office; to provide for related matters; to amend Chapter 14 of Title 45 of the Official Code of Georgia Annotated, relating to the Commissioner of Insurance, so as to conform such provisions to reflect the change in the transfer of the position and duties of the Comptroller General to the state accounting officer; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 351. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 352. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide for prosecuting attorneys in probate courts, municipal courts, and courts

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845

exercising municipal court jurisdiction; to provide for the process of such employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 815. By Representative Kidd of the 141st:
A BILL to be entitled an Act to create the Central State Hospital Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 343. By Senators Heath of the 31st, Hill of the 32nd, Miller of the 49th, Chance of the 16th and Jackson of the 24th:
A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the State Accounting Office, so as to designate the state accounting officer as the Comptroller General; to transfer the office, functions, duties, and responsibilities of the Comptroller General from the Commissioner of Insurance to the State Accounting Office; to provide for related matters; to amend Chapter 14 of Title 45 of the Official Code of Georgia Annotated, relating to the Commissioner of Insurance, so as to conform such provisions to reflect the change in the transfer of the position and duties of the Comptroller General to the state accounting officer; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 351. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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SB 352. By Senator Crosby of the 13th:

A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide for prosecuting attorneys in probate courts, municipal courts, and courts exercising municipal court jurisdiction; to provide for the process of such employment; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

Pursuant to HR 1172, the House recognized February 9, 2012, as Georgia Asian Pacific American Day at the capitol.

Pursuant to HR 1326, the House commended the Ashley Lane Family and invited them to be recognized by the House of Representatives.

Pursuant to HR 1280, the House recognized February 9, 2012, as "Community Health Centers Day" and invited the leadership of the Georgia Association for Primary Health Care to be recognized by the House of Representatives.

Representative Lindsey of the 54th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:

HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others:

A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood N Baker

Y Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson N Dobbs Y Dollar

N Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell Y Morgan
Morris N Mosby

Y Shaw Y Sheldon Y Sims, B
Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R

THURSDAY, FEBRUARY 9, 2012

847

Y Battles N Beasley-Teague N Bell N Benfield Y Benton N Beverly Y Black Y Braddock Y Brockway N Brooks N Bruce E Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans N Floyd N Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield N Heard

Y Horne Y Houston
Howard Hudson N Hugley N Jackson Y Jacobs N James Y Jasperse Y Jerguson N Johnson Y Jones, J Y Jones, S N Jordan Y Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning N Marin Y Martin Y Maxwell Y Mayo

N Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parent N Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders E Scott, M N Scott, S Y Setzler

Y Smith, T N Smyre N Spencer N Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT VACANT Y Watson E Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the motion, the ayes were 114, nays 49.

The motion prevailed.

Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

Representatives Rogers of the 26th, Collins of the 27th, Benton of the 31st, Dunahoo of the 25th, Maxwell of the 17th, Braddock of the 19th, Smith of the 168th, Manning of the 32nd, Setzler of the 35th, Dukes of the 150th, Harden of the 147th, Stephens of the 164th, and Parrish of the 156th.

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

Mr. Speaker:

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

HB 745 Do Pass, by Substitute

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

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

Mr. Speaker:

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

HB 215 Do Pass, by Substitute HB 865 Do Pass, by Substitute

HB 795 Do Pass SB 138 Do Pass, by Substitute

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

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

HR 1278. By Representatives Dickey of the 136th, James of the 135th, Hatchett of the 143rd, Holmes of the 125th and Powell of the 29th:

A RESOLUTION commending the Georgia Peach Festival and inviting the 2011 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.

HR 1280. By Representative Parrish of the 156th:

A RESOLUTION recognizing February 9, 2012, as "Community Health Centers Day" and inviting the leadership of the Georgia Association for Primary Health Care to be recognized by the House of Representatives; and for other purposes.

THURSDAY, FEBRUARY 9, 2012

849

HR 1326. By Representatives Houston of the 170th and Shaw of the 176th:

A RESOLUTION commending the Ashley Lane Family and inviting them to be recognized by the House of Representatives; and for other purposes.

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

HB 707. By Representatives Morgan of the 39th, Powell of the 171st, Powell of the 29th, Brooks of the 63rd, Ashe of the 56th and others:

A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of identification to poll workers, so as to provide that an elector may present a valid student identification card containing a photograph of the elector and issued by an eligible postsecondary institution in this state as proof of identity in order to vote; 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 N Allison Y Amerson
Anderson Y Ashe N Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield N Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter

N Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes N Dunahoo N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger N Golick

Y Heckstall Y Hembree Y Henson N Hightower Y Hill Y Holcomb Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James N Jasperse N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd

N McBrayer N McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy N Neal, J Y Neal, Y N Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parent
Parrish Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey

N Shaw Sheldon
Y Sims, B Sims, C
Y Smith, E N Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Spencer Y Stephens, M
Stephens, R E Stephenson E Talton Y Tankersley N Taylor, D
Taylor, R Y Taylor, T E Teasley Y Thomas
VACANT VACANT Y Watson Y Welch

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JOURNAL OF THE HOUSE

N Casas Y Channell Y Cheokas N Clark, J N Clark, V
Coleman N Collins N Cooke N Coomer Y Cooper Y Crawford

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

Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin E Maxwell Y Mayo

Y Randall Y Reece N Rice Y Riley N Roberts Y Rogers, C N Rogers, T N Rynders E Scott, M Y Scott, S
Setzler

Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 122, nays 35.

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

Representatives Byrd of the 20th and Sheldon of the 105th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Braddock of the 19th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 409. By Representative Maddox of the 172nd:

A BILL to be entitled an Act to amend Article 3 of Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and registration of veterinarians and veterinary technicians, so as to revise certain provisions as to the application for a license to practice veterinary medicine; to provide for a waiver under certain circumstances; to revise certain provisions as to the scheduling and administration of examinations for veterinary technicians; 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 Atwood Y Baker

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R

THURSDAY, FEBRUARY 9, 2012

851

Y Battles Beasley-Teague Bell
Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin E Maxwell Y Mayo

Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson E Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT VACANT Y Watson Y Welch Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 163, nays 0.

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

Pursuant to HR 1278, the House commended the Georgia Peach Festival and invited the 2011 Georgia Peach Queens to appear before the House of Representatives.

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

HR 1368. By Representatives Howard of the 121st, Frazier of the 123rd, Smith of the 122nd, Murphy of the 120th and Sims of the 119th:

A RESOLUTION commending the winner of the 2011 Rick Perkins Award for Excellence in Technical Instruction, Karon Green Walton, and inviting her to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

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HR 1369. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Petite Miss Dacula 2011 Arianna Utreras; and for other purposes.
HR 1370. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Young Miss Dacula 2011 Monica Wolfe; and for other purposes.
HR 1371. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending Junior Miss Dacula 2011 Suzanne Thornton; and for other purposes.
HR 1372. By Representatives Wilkinson of the 52nd, Ashe of the 56th, Abrams of the 84th, Brooks of the 63rd, Stephens of the 164th and others:
A RESOLUTION recognizing and commending Steve Holman; and for other purposes.
HR 1373. By Representative Drenner of the 86th:
A RESOLUTION recognizing and commending Nicole Mermans; and for other purposes.
HR 1374. By Representative Drenner of the 86th:
A RESOLUTION recognizing and commending Kathleen P. Bennett deMarrais; and for other purposes.
HR 1375. By Representative Drenner of the 86th:
A RESOLUTION recognizing and commending Amy Benson Brown; and for other purposes.
Representative Sims of the 169th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intra-Governmental Coordination has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 9, 2012

853

HB 751 HB 904 SB 268

Do Pass Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

Mr. Speaker:

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

HB 268 Do Pass, by Substitute HB 748 Do Pass

HB 744 Do Pass HB 850 Do Pass, by Substitute

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

Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 1:00 o'clock, P.M. Wednesday, February 15, 2012.

The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 1:00 o'clock, P.M. Wednesday, February 15, 2012.

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Representative Hall, Atlanta, Georgia

Wednesday, February 15, 2012

Nineteenth Legislative Day

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

The following communications were received:

The State of Georgia Office of Secretary of State

I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that

the attached page lists the results as shown on the consolidated returns on file with this office for the Special Election held on the 7th day of February 2012, in District 60 for State Representative in Clayton, Dekalb and Fulton Counties to fill the vacancy created by the Honorable Gloria Tinubu.

Having received a majority of votes cast, Keisha Sean Waites, was duly elected to this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of February, in the year of our Lord Two Thousand and Twelve and of the Independence of the United States of America the Two Hundred and Thirty-Sixth.

(SEAL)

/s/ Brian P. Kemp Secretary of State

Official Election Results February 7, 2012 Special Election
STATE REPRESENTATIVE, DISTRICT 60

CLAYTON Theresa F. Middlebrooks

Votes % Votes

20

12.05

WEDNESDAY, FEBRUARY 15, 2012

855

Latrenka R. Riley

49

Keisha Sean Waites

97

Votes For Seat In County: 166

29.52 58.43

DEKALB

Theresa F. Middlebrooks

0

Latrenka R. Riley

14

Keisha Sean Waites

18

Votes For Seat In County: 32

0.00 43.75 56.25

FULTON

Theresa F. Middlebrooks

90

Latrenka R. Riley

98

Keisha Sean Waites

206

Votes For Seat In County: 394

22.78 24.81 52.15

Total Votes For Seat: 592

Theresa F. Middlebrooks Latrenka R. Riley Keisha Sean Waites

Votes 110 161 321

% Votes 18.58 27.20 54.22

Total Votes For Seat: 592

592

OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE

HOUSE DISTRICT 60 GEORGIA HOUSE OF REPRESENTATIVES

I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state.

I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any

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foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.

SO HELP ME GOD.

LOYALTY OATH

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

SO HELP ME GOD.

/s/ Keisha Waites STATE REPRESENTATIVE

Sworn to and subscribed before me,

This 13th day of February, 2012.

/s/ Doris L. Downs Judge, Superior Court Atlanta Judicial Circuit

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

E Abdul-Salaam Abrams Allison Amerson Anderson Ashe Atwood Baker Battles Beasley-Teague Bell Benton Beverly Black Braddock Brockway Brooks Bruce Bryant

Cooper Crawford Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Dollar E Drenner Dudgeon Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans

Hatchett E Hatfield
Heard Heckstall E Hembree E Henson Hightower Hill Holcomb Holmes Holt Horne Houston Howard Hudson Hugley E Jackson James Jasperse

Marin Maxwell Mayo McBrayer McCall McKillip Mitchell Morgan Mosby Murphy Neal, J Neal, Y Nix Oliver O'Neal Pak Parent Parrish Parsons

Scott, M Scott, S Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Talton Tankersley Taylor, D Taylor, T Teasley Thomas

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857

Buckner Burns Byrd Carson Carter E Casas Channell Cheokas Clark, J Clark, V Coleman Collins Cooke

Frazier Fullerton Gardner Geisinger E Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell

Jones, J Jones, S Kaiser Kendrick Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Manning

Peake Powell, A Powell, J Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, T Rynders

Waites Watson Welch Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Ralston, Speaker

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

Representatives Coomer of the 14th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Johnson of the 37th, Jordan of the 77th, Martin of the 47th, Meadows of the 5th, Morris of the 155th, Nimmer of the 178th, Pruett of the 144th, Rogers of the 26th, Setzler of the 35th, Shaw of the 176th, Sims of the 169th, Smith of the 168th, Taylor of the 55th, Weldon of the 3rd, and Yates of the 73rd.

They wished to be recorded as present.

Prayer was offered by Reverend Chris Mullis, Pastor, Pleasant Grove United Methodist Church, Dalton, Georgia.

The members pledged allegiance to the flag.

Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

1. Introduction of Bills and Resolutions.

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

3. Second reading of Bills and Resolutions.

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4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 955. By Representatives Hembree of the 67th, Smith of the 131st and Meadows of the 5th:
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 comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 956. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 957. By Representative Williamson of the 111th:
A BILL to be entitled an Act to amend an Act to continue the charter for the Academy of Social Circle and to create a body politic known as the School District of Social Circle, approved April 29, 1997 (Ga. L. 1997, p. 4557), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members of the board of education; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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859

HB 958. By Representative Dickey of the 136th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Crawford County, approved March 19, 1993 (Ga. L. 1993, p. 4136), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 959. By Representative Dickey of the 136th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, so as to revise districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 960. By Representatives Lane of the 167th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to actions against insurance companies, so as to provide for procedure relative to claimant's offers to settle tort claims involving liability insurance policies; to provide that offers to settle automatically are deemed to include certain provisions; to provide that failure to make an offer to settle in conformity with the law precludes the recovery of a claim for bad faith or negligent failure to settle; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 961. By Representatives Drenner of the 86th, Martin of the 47th, Amerson of the 9th, Harbin of the 118th, Hamilton of the 23rd and others:
A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to prohibit property owners' associations from creating or enforcing covenants which infringe upon a lot owner's right to install a solar energy device; to provide for a short title; to provide a definition; to provide exceptions; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 964. By Representatives Harden of the 147th, Stephens of the 164th, Parrish of the 156th, Smith of the 70th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Code Section 26-4-118 of the Official Code of Georgia Annotated, relating to "The Pharmacy Audit Bill of Rights," so as to limit recoupment pursuant to an audit under certain circumstances; to require audit parameters to be equally applied to local and mail-order pharmacies; to provide for independent audits by the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 965. By Representatives Knight of the 126th, Peake of the 137th and Carson of the 43rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to allow certain fiduciaries an exception to the requirement of paying estimated taxes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 966. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend Code Section 49-4-15.1 of the Official Code of Georgia Annotated, relating to examination of financial records in cases of fraud relating to social services, so as to allow the Department of Human Services to examine income tax records held by the Department of Revenue; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

WEDNESDAY, FEBRUARY 15, 2012

861

HB 967. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 968. By Representatives Hill of the 21st, Neal of the 1st, Jerguson of the 22nd and Cheokas of the 134th:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state properties code, so as to revise certain provisions relating to the disposition of state property; to remove oversight, review, and approval by the General Assembly of real property transfers and conveyances; to provide the State Properties Commission the authority to accept sealed bids or best and final offers for the lease or sale of property; to authorize the commission to utilize licensed real estate brokers to perform transaction management services; to authorize the commission to make a lease or sale of property without public competitive bidding; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 969. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the method of election of the members of the Board of Education of White County," approved May 13, 2008 (Ga. L. 2008, p. 4291), so as to provide for new education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 970. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Commissioners of White County," approved May 13, 2008 (Ga. L. 2008, p. 4205), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 971. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to change certain provisions relating to settlement agreements between parties; to change the maximum weekly compensation benefit for total disability; to change the maximum weekly compensation benefit for temporary partial disability; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 972. By Representatives Weldon of the 3rd, Lane of the 167th, Dollar of the 45th, Benton of the 31st, Parrish of the 156th and others:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management; to enact the "Georgia Pain Management Clinic Act"; to amend Article 2 of Chapter 16 of Title 45 of the O.C.G.A., relating to death investigations by coroners, so as to require coroners to report to the board when a death may be the result of medication administered or prescribed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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863

HB 973. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 974. By Representatives Pak of the 102nd, Smith of the 131st, Peake of the 137th, Brockway of the 101st, Ramsey of the 72nd 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 enact "Caylee Anthony's Law"; to provide for the reporting of missing children under certain circumstances; to provide for penalties; to change provisions relating to concealing the death of another person; to provide for a short title; to make legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 975. By Representative Rogers of the 10th:
A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes in the amount of $130,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for applicability; to replace 1978 House Resolution 662-1850 granting a homestead exemption from Habersham Taxes levied for county purposes and such taxes levied for school purposes (Ga. L. 1978, p. 2444); to repeal an Act entitled "An Act to provide a homestead exemption from Habersham County school district taxes for educational purposes," approved May 4, 2006 (Ga. L. 2006, p. 4123); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 976. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4232), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4547), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 977. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," approved March 30, 1993 (Ga. L. 1993, p. 4215), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4541), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 978. By Representatives Hamilton of the 23rd, Byrd of the 20th, Jerguson of the 22nd and Hill of the 21st:
A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal

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Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 979. By Representatives Hamilton of the 23rd, Hill of the 21st and Jerguson of the 22nd:

A BILL to be entitled an Act to amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4876), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 980. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved June 3, 2003, (Ga. L. 2003, p. 4670), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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

HB 940 HB 942 HB 944 HB 946 HB 948 HB 951

HB 941 HB 943 HB 945 HB 947 HB 950 HB 952

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HB 953 HB 962 HR 1351 HR 1367 SB 351

HB 954 HB 963 HR 1352 SB 343 SB 352

Representative Smith of the 131st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 463 Do Pass HB 820 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 131st
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 737 HB 892 HB 910

Do Pass, by Substitute Do Pass Do Pass

HB 738 HB 906 HB 922

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

Mr. Speaker:

WEDNESDAY, FEBRUARY 15, 2012

867

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

HB 372 Do Pass HB 895 Do Pass

HB 733 Do Pass SB 236 Do Pass, by Substitute

Respectfully submitted, /s/ Byrd of the 20th
Secretary

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 15, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

HB 785

Insurance; limitations on licensure requirements for certain health care providers; provide (Ins-Peake-137th)

Structured Rule

HB 729

Revenue and taxation; Internal Revenue and Internal Revenue Code of 1986; define terms (Substitute)(W&M-Knight-126th)

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

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Respectfully submitted, /s/ Meadows of the 5th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 737. By Representative Williamson of the 111th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4503), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4503), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to 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 Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4503), is amended by repealing Section 2 and enacting a new Section 2 to read as follows:

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"SECTION 2. (a) Those members of the Board of Commissioners of Walton County who are serving as such immediately prior to the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Commissioners of Walton County shall consist of seven members, six of whom shall be elected from commissioner districts described in subsection (b) of this section and a chairperson who is elected at large as provided in this Act. (b) For purposes of electing members of the board of commissioners, other than the chairperson, Walton County is divided into six commissioner districts. One member of the board shall be elected from each such district. The six commissioner districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: waltonccprop3-2012 Plan Type: Local Administrator: Walton CC User: SE'. (c) When used in such attachment, the terms 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (d) Any part of Walton County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Walton County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (e) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (f) In order to be elected as a member of the board from a commissioner district, a person must be a resident of that commissioner district and must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a

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member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (g) The chairperson of the board may reside anywhere within Walton County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant. (h) The members of the board of commissioners shall be elected as provided in this subsection. The first members from Commissioner Districts 1, 4, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 1, 4, and 5 in 2014 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. The chairperson and the first members from Commissioner Districts 2, 3, and 6 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. The chairperson and those members of the board elected thereto from Commissioner Districts 2, 3, and 6 in 2012 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and the members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. The chairperson and the members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (i) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (j) Commissioner Districts 1, 2, 3, 4, 5, and 6, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. It shall be the duty of the attorney of the Board of Commissioners of Walton County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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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.
Plan: waltonccprop3-2012 Plan Type: Local Administrator: Walton CC User: SE
District 001 Walton County VTD: 2971663 - BOLD SPRINGS 3033 3034 3042 3045 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1017 1018 1019 1020 1021 1022 1029 VTD: 297415 - BETWEEN 1024 1025 1026 1029 1030 1031 1033 1034 1035 1036 1037 1038 1040 1051 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1017 1018 2013 2014 2015 2016 2017 2021 VTD: 297417 - LOGANVILLE NORTH 1047 1000 2000 2001 2002 2003 2004 2005 2006 2016 1016 1024 1025 1026 1027 1028 1036 1037 2000 2008 2009 2021 2023 2027 3000 3001 3005 3006 3007 3008 3009 3010 3011 3012 VTD: 297424 - BAY CREEK
District 002 Walton County VTD: 297417 - LOGANVILLE NORTH 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044

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2045 2046 2047 2048 2049 2050 2051 2001 2002 2010 2020 2028 VTD: 297421 - LOGANVILLE SOUTH 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1002 2004 2006 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3033 3034 3035 3036 3037 3038 3040 2003 2004 2005 2006 2007 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2024 2025 2026 2029 VTD: 297422 - WEST WALTON 2000 2001 2002 2003 2004 2005 2006 2007 2008 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3022 3023 3024 3030 2000 2001 2002 2003 2005 2007 2008 2012 2013 2014 2015 2016 2017 2019 3032 3039
District 003 Walton County VTD: 297416 - WALNUT GROVE VTD: 297419 - SOUTH MONROE 2009 2011 VTD: 297421 - LOGANVILLE SOUTH 1000 1001 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 3002 3003 3004 VTD: 297422 - WEST WALTON 3019 3020 3021 3025 3026 3027 3028 3029 1009 2010 2011 2018 VTD: 297423 - BROKEN ARROW VTD: 297502 - JERSEY
District 004 Walton County VTD: 2971675 - WHATLEY VTD: 297414 - GRATIS 1030 1031 1032 1033 1034 1037 1050 1051 2000 2001 2002 2003 2004 2005 2006 2012 2015 2016 2036 2040 1011 1012 VTD: 297418 - SOCIAL CIRCLE VTD: 297419 - SOUTH MONROE 1014 1015 1016 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010

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2046 2047 2048 2049 2050 2051 2058 VTD: 297454 - MOUNTAIN 1035 1036 2037 2038 2039 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1046 1047 1048 1049 1050 1058 VTD: 297503 - BLASINGAME 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2100 2101 2102 2103 2104 2105 2106 2107 2115 2116 2055 4001 4002 4013 4014 4015 4016 4032 4033 3000 3001 3042 3043 3044 3045 3046 3047 3048 3049 3051 VTD: 297559 - GOOD HOPE 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2048 2049 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2099 2108 2109 2110 2111 2112 2113 2114 2117 2118 2119 2120 2121 2054
District 005 Walton County VTD: 2971663 - BOLD SPRINGS 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3035 3036 3037 3038 3043 3044 VTD: 297250 - CAMPTON 1001 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1026 1039 1040 1041 1042 1043 1044 1046 1047 1048 1049 2030 3020 3039 3040 3041 3046 3047 3048 3049 3050 3051 3055 1030 1032 1033 1034 1038 1039 1040 VTD: 297414 - GRATIS 1000 1002 1007 1027 1028 1029 1045 2007 VTD: 297415 - BETWEEN 1041 1027 1028 1032 1041 1042 1043 1044 1045 1046 1049 1050 1052 VTD: 297419 - SOUTH MONROE

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2017 2018 2019 2021 2039 2040 2041 1000 1001 1002 1012 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2052 2053 2054 3002 3003 3004 3009 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3034 4006 4007 4008 4019 4020 4021 VTD: 297420 - NORTH MONROE 1000 1001 1002 1003 1004 1005 1006 1022 1023 1027 1028 1029 1031 1035 1036 1037 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1062 1063 1064 2003 2004 2005 2006 2007 2008 2020 VTD: 297425 - E MONROE 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2023 2024 2025 2026 2027 2028 2029 2050 2051 2053
District 006 Walton County VTD: 297250 - CAMPTON 1025 1038 1052 2022 2023 2024 2025 2026 2027 2028 2029 VTD: 297414 - GRATIS 2008 2009 2010 2011 2013 2014 2017 2018 2019 2020 2033 2034 2035 2041 VTD: 297419 - SOUTH MONROE 1073 1074 1075 1076 3019 3020 3021 3034 3035 3036 3037 3038 3039 3040 3044 3045 3046 3047 3048 3049 2009 2010 2012 2015 2032 2042 2043 2045 1000 1011 1012 1013 3000 3001 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3027 3028 3029 3030 3031 3032 3033 4009 4010 4011 4012 VTD: 297420 - NORTH MONROE 2021 2031 2032 2042 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1017 1029 1030 1031 1032 1033 1034 1035 1036 1037 1049 1050 1051 1052 1058 1059 1060 1061 1082 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1025 1026 1053 1054 1055 1056 1057 1058 1059 1060 1061 1065 1066 1067 2000 2001 2002 2011 2013 2014 2016 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2033

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2034 2035 2036 2037 2038 2044 2046 2047 2048 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 VTD: 297425 - E MONROE 1005 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1053 1054 1055 1056 1057 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1077 1078 1079 1080 1081 2000 2001 2002 2003 2004 2005 2018 2019 2022 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3041 3042 3043 VTD: 297454 - MOUNTAIN 1038 1039 1040 1041 1042 1043 1044 1045 1051 1052 1053 1054 1055 1056 1057 1059 VTD: 297503 - BLASINGAME 2052 4000 VTD: 297559 - GOOD HOPE 2015 2016 2047 2050 2051 2052 1083
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 738. By Representative Williamson of the 111th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4511), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT

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To amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4511), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4511), is amended by revising Section 1 as follows:
"SECTION 1. (a) The Board of Education of Walton County shall be composed of seven members to be elected as provided in this Act. For the purpose of electing members of the Board of Education of Walton County, Walton County shall be divided into seven education districts. (b) The seven education districts shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: waltonsbprop1R-2012 Plan Type: Local Administrator: Walton SB User: SE'. (c) When used in such attachment, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (d) Any part of the Walton County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of the Walton County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

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SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Walton County are to be elected in the November, 2012, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2010. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION 3. It shall be the duty of the attorney for the Board of Education of Walton County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan: waltonsbprop1R-2012 Plan Type: Local Administrator: Walton SB User: SE
District 001 Walton County VTD: 297419 - SOUTH MONROE 110300: 3044 3045 3046 3047 3048 3049 110400: 2009 2012 2015 110700: 1000 1011 1012 1013 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 4009 4010 4011 4012 VTD: 297420 - NORTH MONROE 110100: 2042 110300:

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1001 1004 1006 1007 1008 1009 1010 1011 1012 1029 1030 1031 1032 1033 1034 1035 1036 1037 1049 1050 1051 1052 1058 1059 1060 1061 110400: 1009 1010 1012 1013 1014 1016 1017 1018 1019 1021 1026 1053 1054 1055 1056 1057 1058 1059 1060 1061 1065 1066 1067 2011 2014 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2033 2034 2035 2036 2037 2038 2044 2046 2047 2048 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 VTD: 297425 - E MONROE 110300: 1005 1026 1027 1028 1041 1042 1043 1044 1045 1046 1047 1048 1053 1054 1055 1056 1057 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2022 2023 2024 2025 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2051 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3041 3042 3043
District 002 Walton County VTD: 2971675 - WHATLEY VTD: 297416 - WALNUT GROVE 110602: 1007 1009 1010 1020 1023 1024 1025 1026 1027 1028 1029 1030 1037 2012 2013 2014 2015 2016 2017 2018 2019 2021 VTD: 297418 - SOCIAL CIRCLE 110800: 1006 1007 1033 1035 2003 2004 2010 2011 2012 2013 2014 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2034 2037 2038 2039 2040 2050 2051 2052 2053 2054 2055 2056 2057 2058 2065 2066 2071 2072 2073 2074 2077 2078 2079 2080 2081 2086 2087 2088 2089 2090 2091 2092 3002 3013 3021 3022 3023 3024 3028 3029 3030 3031 3032 3034 3035 3036 3037 3038 3039 3040 3041 3050 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 4016 4019 4020 4023 4024 4025 4028 4029 4037 4038 4039 4040 4041 4068 4069 4077 4078 VTD: 297420 - NORTH MONROE 110300:

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1000 1002 1003 1017 1082 VTD: 297425 - E MONROE 110300: 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1038 1039 1040 1077 1078 1079 1080 1081 2000 2001 2002 2003 2004 2005 2018 2019 2020 2021 2026 2027 2028 2029 2050 2053 VTD: 297502 - JERSEY VTD: 297503 - BLASINGAME VTD: 297559 - GOOD HOPE
District 003 Walton County VTD: 297421 - LOGANVILLE SOUTH 110506: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 110507: 1000 1001 1002 1003 1004 1005 1006 1007 2004 2006 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3033 3034 3035 3036 3037 3038 3040 VTD: 297422 - WEST WALTON
District 004 Walton County VTD: 297415 - BETWEEN 110400: 1041 110503: 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1042 1043 1044 1045 1046 1049 1050 1051 1052 110508: 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 110601: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1017 1018 2013 2014 2015 2016 2017 2021 VTD: 297419 - SOUTH MONROE 110300: 1073 1074 1075 1076 3019 3020 3021 3034 3035 3036 3037 3038 3039 3040

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110400: 2010 2017 2018 2019 2021 2032 2039 2040 2041 2042 2043 2045 110601: 1000 1001 1002 1012 1014 1015 1016 110602: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 110700: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2058 3000 3001 4006 4007 4008 4019 4020 4021 VTD: 297424 - BAY CREEK 110100: 3052 3053 3054 110503: 1000 1019 1020 1023 110508: 1002
District 005 Walton County VTD: 297416 - WALNUT GROVE 110601: 2035 110602: 1031 1032 1033 1034 1035 1036 1044 1045 1046 1047 1048 1049 1055 1057 110603: 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 2018 2019 2020 2021 2025 2028 2029 2030 2031 2032 2033 2034 VTD: 297417 - LOGANVILLE NORTH 110508: 2000 2001 2002 2008 2009 2010 2020 2021 2023 2027 2028 3000 3001 3005 3006 3007 3008 3009 3010 3011 3012 VTD: 297421 - LOGANVILLE SOUTH 110507: 1008 1010 1011 1012 1013 110508:

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2003 2004 2005 2006 2007 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2024 2025 2026 2029 3002 3003 3004 VTD: 297423 - BROKEN ARROW
District 006 Walton County VTD: 2971663 - BOLD SPRINGS 110100: 3033 3034 110505: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1017 1018 1019 1020 1021 1022 1029 VTD: 297415 - BETWEEN 110508: 1001 1005 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 VTD: 297417 - LOGANVILLE NORTH 110503: 1047 110504: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 110505: 1016 1024 1025 1026 1027 1028 1036 1037 VTD: 297424 - BAY CREEK 110503: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1021 1022 1039 1048 110505: 1013 1014 1015 1023 1030 1031 1032 1033 1034 1035 110508: 1000 1020
District 007 Walton County VTD: 2971663 - BOLD SPRINGS 110100: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011

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3012 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3035 3036 3037 3038 3042 3043 3044 3045 VTD: 297250 - CAMPTON VTD: 297414 - GRATIS VTD: 297420 - NORTH MONROE 110100: 2021 2031 2032 110400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1015 1020 1022 1023 1024 1025 1027 1028 1029 1031 1035 1036 1037 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1062 1063 1064 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2016 2020 3000 3001 3002 VTD: 297454 - MOUNTAIN
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 892. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th:
A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3758), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 906. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5502), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the

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continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 910. By Representatives Maddox of the 127th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues of Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 922. By Representative Reece of the 11th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey
Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Heckstall E Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight
Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett
Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E
Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 160, nays 0.

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

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

Mr. Speaker:

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

SB 333. By Senators Stone of the 23rd, Miller of the 49th, Ramsey, Sr. of the 43rd, Davis of the 22nd, Jeffares of the 17th and others:

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A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclosure, so as to provide that notices of sales made on foreclosure under power of sale shall be provided to all debtors; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 357. By Senators Wilkinson of the 50th, Bulloch of the 11th, Heath of the 31st, Miller of the 49th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products generally, so as to repeal the "Georgia Treated Timber Products Act of 1973"; to repeal conflicting laws; and for other purposes.
HB 708. By Representatives Epps of the 140th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 710. By Representatives Epps of the 140th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4663), so as to reapportion the commissioner districts; to define certain terms; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to restate certain board powers; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 752. By Representative Holmes of the 125th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4036), so as to provide for staggered terms for the board of commissioners; to provide for manner of election; to change the description of

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the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 753. By Representative Holmes of the 125th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4476), so as to change the description of the education districts for the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current board members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 333. By Senators Stone of the 23rd, Miller of the 49th, Ramsey, Sr. of the 43rd, Davis of the 22nd, Jeffares of the 17th and others:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclosure, so as to provide that notices of sales made on foreclosure under power of sale shall be provided to all debtors; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 357. By Senators Wilkinson of the 50th, Bulloch of the 11th, Heath of the 31st, Miller of the 49th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products generally, so as to repeal the "Georgia Treated Timber Products Act of 1973"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

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887

The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Dempsey of the 13th, Reece of the 11th, Coomer of the 14th, Crawford of the 16th, Neal of the 1st, Rogers of the 10th, Harden of the 28th, Williams of the 165th, Harden of the 147th, Cooper of the 41st, and Hill of the 21st.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 729. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to clarify certain procedures relating to a receipt for a properly prepared county tax digest; to clarify certain definitions relating to sales and use taxes; to clarify that insulin is exempt from state sales and use tax; to provide effective dates; to provide applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (14) of Code Section 48-1-2, relating to definitions regarding revenue and taxation, as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2010 2011, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or

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before January 1, 2011 2012, except that Section 85(c), Section 108(i), Section 163(e)(5)(F), Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 1115, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, and except that the limitations provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010 and shall be $250,000.00 for tax years beginning in 2011, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010 and shall be $800,000.00 for tax years beginning in 2011. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2011 2012, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986, as amended. For taxable years beginning on or after January 1, 2010 2011, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2011 2012, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."
SECTION 2. Said title is further amended by revising Code Section 48-5-345, relating to a receipt for a properly prepared county tax digest, as follows:
"48-5-345. (a)(1) Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code Section 48-5-304, and that the digest is accompanied by all documents, statistics, and certifications required by the commissioner, the commissioner shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. (2) Nothing in this subsection shall be construed to prevent the superior court from allowing the new digest to be used as the basis for the temporary collection of taxes under Code Section 48-5-310.

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889

(b) Each year the commissioner shall determine if the overall assessment ratio for each county, as computed by the state auditor under paragraph (8) of subsection (b) of Code Section 48-5-274, deviates substantially from the proper assessment ratio as provided in Code Section 48-5-7, and if such deviation exists, the commissioner shall assess against the county governing authority additional state tax in an amount equal to the difference between the amount the state's levy, of one-quarter of a mill as prescribed in Code Section 48-5-8, would have produced if the digest had been at the proper assessment ratio and the amount the digest that is actually used for collection purposes will produce. The commissioner shall notify the county governing authority annually of the amount so assessed and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or the final date for payment of taxes in the county, whichever comes latest, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date."
SECTION 3. Said title is further amended by revising paragraphs (17), (25), and (33) of Code Section 48-8-2, relating to definitions regarding sales and use taxation, as follows:
"(17) 'Lease or rental' means 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' includes agreements covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property as defined in 26 U.S.C. Section 7701(h)(1). '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 $100.00 or one 1 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." "(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 or dollars of which the number declines with use in a known amount."

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"(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, excluding lease or rental, 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."
SECTION 4. Said title is further amended by revising division (47)(A)(i) of Code Section 48-8-3, relating to exemptions from sales and use taxation, as follows:
"(47)(A)(i) The sale or use of drugs which are lawfully dispensable only by prescription for the treatment of natural persons, the sale or use of insulin regardless of whether the insulin is dispensable only by prescription, and the sale or use 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; and"
SECTION 5. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2011.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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891

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey
Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Heckstall E Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight
Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders
Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley
Thomas VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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

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

HB 785. By Representatives Peake of the 137th, Watson of the 163rd, Sheldon of the 105th, Maxwell of the 17th, Cooper of the 41st and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey
Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Heckstall E Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight
Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon
Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 167, nays 1.

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

Representative Riley of the 50th moved that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Retirement:

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893

HB 928. By Representatives Riley of the 50th, Greene of the 149th, Maddox of the 172nd, Wilkerson of the 33rd, Anderson of the 117th and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that the board of trustees of such fund shall be authorized to employ a hearing officer; to provide for dispute resolution; to provide for powers and duties of the hearing officer; to provide for hearings; to provide for a record of hearings; to provide for judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1379. By Representative Spencer of the 180th:
A RESOLUTION commending the Camden County High School wrestling team on their Class AAAAA State Championship and inviting the entire team and their coaches to be recognized by the House of Representatives; and for other purposes.
HR 1380. By Representative Kidd of the 141st:
A RESOLUTION commending Gary Spillers and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1381. By Representative Maddox of the 172nd:
A RESOLUTION honoring the life and memory of Deputy Game Warden Robert Clayton Sizemore and inviting Mark Williams, Rick Sellers, Darryl Sizemore, Lisa Sizemore, and Becca Sizemore to be recognized by the House of Representatives; and for other purposes.
HR 1382. By Representative Buckner of the 130th:
A RESOLUTION recognizing Mr. Song Byeok and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:

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HR 1383. By Representatives Manning of the 32nd, Cooper of the 41st, England of the 108th, Gardner of the 57th, Clark of the 104th and others:
A RESOLUTION commending Children's Advocacy Centers of Georgia and recognizing February 15, 2012, as Children's Advocacy Centers Day at the capitol; and for other purposes.
HR 1384. By Representative Kidd of the 141st:
A RESOLUTION recognizing February 15, 2012, as Milledgeville Day at the capitol; and for other purposes.
HR 1385. By Representative Rogers of the 26th:
A RESOLUTION commending Sharon Painter for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1386. By Representative Rogers of the 26th:
A RESOLUTION commending Crystal Ogburn for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1387. By Representative Rogers of the 26th:
A RESOLUTION commending Shelia Parker for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1388. By Representative Rogers of the 26th:
A RESOLUTION commending Svetlana Veinert-Massey for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1389. By Representative Rogers of the 26th:
A RESOLUTION commending Terrence Wilson for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.

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HR 1390. By Representative Rogers of the 26th:
A RESOLUTION commending Deborah Nelson for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1391. By Representative Rogers of the 26th:
A RESOLUTION commending Claudia Razooly for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1392. By Representative Rogers of the 26th:
A RESOLUTION commending Ru Yea (Alice) Yeh for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1393. By Representative Rogers of the 26th:
A RESOLUTION commending Yolanda Hutson for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1394. By Representative Rogers of the 26th:
A RESOLUTION commending Valerie Jackson for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1395. By Representative Rogers of the 26th:
A RESOLUTION commending Cheyanne Burnett for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1396. By Representative Rogers of the 26th:
A RESOLUTION commending Ana Filpo for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.

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HR 1397. By Representative Rogers of the 26th:
A RESOLUTION commending Christine Canup for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1398. By Representative Rogers of the 26th:
A RESOLUTION commending Brittney Asberry for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1399. By Representative Rogers of the 26th:
A RESOLUTION commending Timothy Walker for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1400. By Representative Rogers of the 26th:
A RESOLUTION commending Clara Boyd for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1401. By Representative Rogers of the 26th:
A RESOLUTION commending Devontae Hunt for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1402. By Representative Rogers of the 26th:
A RESOLUTION commending Alonzo Elison for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1403. By Representative Rogers of the 26th:
A RESOLUTION commending Shania Jeanty for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.

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897

HR 1404. By Representative Rogers of the 26th:
A RESOLUTION commending Stephanie Hernandez for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1405. By Representative Rogers of the 26th:
A RESOLUTION commending Catherine Taylor for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1406. By Representative Rogers of the 26th:
A RESOLUTION commending Ellean Stanley for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1407. By Representative Rogers of the 26th:
A RESOLUTION commending Daniela Rodriguez for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1408. By Representative Rogers of the 26th:
A RESOLUTION commending Sandra Rose for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1409. By Representative Rogers of the 26th:
A RESOLUTION commending Deandra Green for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1410. By Representative Rogers of the 26th:
A RESOLUTION commending Toni Rowland for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.

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HR 1411. By Representative Rogers of the 26th:
A RESOLUTION commending Jeunelle Robinson for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1412. By Representative Rogers of the 26th:
A RESOLUTION commending Elias Rodriguez for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1413. By Representative Rogers of the 26th:
A RESOLUTION commending Kelsey Dawsey for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1414. By Representative Rogers of the 26th:
A RESOLUTION commending Gidgetta Wilcher for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1415. By Representative Rogers of the 26th:
A RESOLUTION commending Hellen Conally for being named a 2012 Exceptional Adult Georgian in Literacy Education delegate; and for other purposes.
HR 1416. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Mark Gordy; and for other purposes.
HR 1417. By Representatives McCall of the 30th, Dickey of the 136th, Benton of the 31st, Roberts of the 154th, Baker of the 78th and others:
A RESOLUTION commending poultry farmers throughout the State of Georgia and recognizing their significant contributions; and for other purposes.

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HR 1418. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Gregory Waters; and for other purposes.
HR 1419. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Tripp Fitzner; and for other purposes.
HR 1420. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Bryant F. Lewis; and for other purposes.
HR 1421. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Dustin Vernon; and for other purposes.
HR 1422. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant John Thrift; and for other purposes.
HR 1423. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Neil Shah; and for other purposes.
HR 1424. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Matt Henry; and for other purposes.
HR 1425. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Beau J. Gunn; and for other purposes.
HR 1426. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Michelle Hutchinson; and for other purposes.

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HR 1427. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Rev. Eugene Davis; and for other purposes.
HR 1428. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Kenneth W. Griffin; and for other purposes.
HR 1429. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Tammy Wilkes; and for other purposes.
HR 1430. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Jennifer Anne M. Meadows; and for other purposes.
HR 1431. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Lois Clark; and for other purposes.
HR 1432. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Amy B. Carter; and for other purposes.
HR 1433. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Lynn Brinson; and for other purposes.
HR 1434. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Jean Marie Cadle; and for other purposes.
HR 1435. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Maria W. Daniels; and for other purposes.

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HR 1436. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Angel Morris; and for other purposes.
HR 1437. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Wanda S. Ellison; and for other purposes.
HR 1438. By Representative Parrish of the 156th:
A RESOLUTION commending Leadership Emanuel participant Dennis Jones; and for other purposes.
Representative Cheokas of the 134th moved that the following Bill of the Senate be withdrawn from the Committee on Governmental Affairs and recommitted to the Committee on Transportation:
SB 339. By Senators Miller of the 49th, Williams of the 19th, Mullis of the 53rd, Hill of the 32nd, Millar of the 40th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 6 of the O.C.G.A., relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide for related matters; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Burns of the 157th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 869 Do Pass
Respectfully submitted, /s/ Burns of the 157th
Chairman
Representative Rogers of the 26th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 74 Do Pass, by Substitute
Respectfully submitted, /s/ Rogers of the 26th
Chairman
Representative Sims of the 169th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intra-Governmental Coordination has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 929 Do Pass HB 930 Do Pass
Respectfully submitted, /s/ Sims of the 169th
Chairman
Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 932 Do Pass HB 933 Do Pass
Respectfully submitted, /s/ Williams of the 4th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, February 16, 2012

Twentieth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Representative Stephenson of the 92nd was excused on all roll calls today.

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

E Abdul-Salaam Abrams Allison Amerson Anderson Atwood Baker Battles
E Beasley-Teague Bell Benton Beverly Black Braddock Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Coomer Cooper Crawford

Davis E Dawkins-Haigler
Dempsey Dickerson Dickey Dickson Dobbs Dollar E Drenner Dudgeon E Dukes Dunahoo Dutton Ehrhart England Epps, J Evans Frazier Fullerton Geisinger E Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harrell Hatchett E Hatfield

E Heard E Heckstall E Hembree E Henson
Hightower Hill Holcomb Holmes Horne Houston Howard Hugley Jackson Jacobs Jasperse Jerguson Johnson Jones, J Jones, S Kaiser Kidd Knight Lane Lindsey Maddox, B Maddox, G Manning Martin Maxwell

Mayo McBrayer McCall McKillip Mitchell Morris Mosby Murphy Neal, J Nimmer Nix Oliver O'Neal Parent Parsons Peake Powell, A Powell, J E Pruett Purcell Ramsey Randall Rice Riley Roberts Rogers, C Rogers, T Rynders Sheldon

Sims, B Smith, E E Smith, K Smith, L Smith, R Smith, T Smyre Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Waites Watson Welch Wilkerson Wilkinson Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

Due to a mechanical malfunction, Representative James of the 135th was not recorded on the attendance roll call. He wished to be recorded as present.

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

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Representatives Ashe of the 56th, Brockway of the 101st, Brooks of the 63rd, Bruce of the 64th, Bryant of the 160th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Gardner of the 57th, Harden of the 28th, Holt of the 112th, Hudson of the 124th, Jordan of the 77th, Kendrick of the 94th, Marin of the 96th, Meadows of the 5th, Pak of the 102nd, Parrish of the 156th, Scott of the 2nd, Scott of the 76th, Setzler of the 35th, Shaw of the 176th, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Dr. C. William Joyner, Jr., Pastor, Broadway Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 981. By Representatives Allison of the 8th, Golick of the 34th, Jerguson of the 22nd, Harden of the 28th, Dutton of the 166th and others:

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A BILL to be entitled an Act to amend Title 16, Article 3 of Chapter 5 of Title 17, and Code Sections 20-2-1184, 27-3-4, and 38-3-51 of the Official Code of Georgia Annotated, relating to crimes and offenses, disposition of seized property, reporting of students committing prohibited acts, legal weapons for hunting wildlife generally, and the emergency powers of the Governor, termination of emergency, limitations in energy emergency, and immunity, respectively, so as to change provisions regarding the carrying and possession of firearms and weapons in this state and disposition of firearms; to provide for persons holding a valid weapons carry license to carry a concealed weapon into certain locations under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 982. By Representatives Gardner of the 57th, Holmes of the 125th, Ashe of the 56th, Long of the 61st, Drenner of the 86th and others:
A BILL to be entitled an Act to amend Code Section 12-3-50.1 of the Official Code of Georgia Annotated, relating to grants for preservation of "historic properties" and additional powers and duties of the Department of Natural Resources, so as to create the African American Cultural Preservation Office; to provide for powers and duties of the office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 983. By Representatives Neal of the 75th, Coomer of the 14th, Teasley of the 38th, Talton of the 145th, Stephenson of the 92nd and others:
A BILL to be entitled an Act to amend Code Section 16-5-95 of the Official Code of Georgia Annotated, relating to the offense of violating family violence orders and penalty, so as to provide that a person who seeks and obtains a family violence order violates such order by engaging in certain activity; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 984. By Representatives Buckner of the 130th, Smith of the 131st, Roberts of the 154th, McBrayer of the 153rd, McCall of the 30th and others:
A BILL to be entitled an Act to amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to riparian rights regulations and

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permits, so as to require that permits allowing for interbasin transfers only be granted as a last resort; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 985. By Representatives Powell of the 29th and Rice of the 51st:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to modify provisions relating to temporary license plates for motor vehicles; to provide for an extension of time for registration of motor vehicles under certain circumstances; to remove lamination requirements for motor vehicle decals; to provide for the furnishing of motor vehicle driver information to the Department of Revenue for the purpose of detecting fraud; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 986. By Representatives Hembree of the 67th, Smith of the 131st, Maxwell of the 17th and Meadows of the 5th:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that in the event of a dispute or complaint arising involving material not in English, the English version of the material shall control the resolution of the dispute or complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 987. By Representatives Riley of the 50th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Article 7 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that a member of the fund who ceases to be employed as a peace officer shall have a duty to so notify the retirement fund immediately; to provide for a cessation of membership; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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HB 988. By Representatives Welch of the 110th, Davis of the 109th, Baker of the 78th, Knight of the 126th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for Kindness Week; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 989. By Representatives Williams of the 165th, Thomas of the 100th, Gordon of the 162nd, Jones of the 44th, Hugley of the 133rd and others:
A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the state accounting office, so as to direct the state accounting officer to pay state obligations to vendors within a certain time period; to provide if such payments are not made within the time specified, the state will owe interest equal to 12 percent per annum; to provide for information from state agencies; to provide for promulgation of rules and regulations; to provide for an effective date; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 990. By Representatives Jones of the 46th, Riley of the 50th, Martin of the 47th, Willard of the 49th, Dudgeon of the 24th and others:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change certain provisions relating to municipal control over parks and fire stations; to change certain provisions relating to special districts divided into noncontiguous areas, information required in audits, informational summary, and effect of creation of municipal corporation and distribution of excess proceeds from special district taxes, fees, and assessments; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 991. By Representatives Maddox of the 127th, Baker of the 78th and Talton of the 145th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to change provisions relating to how vacancies are filled; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 992. By Representatives Neal of the 75th, Taylor of the 55th, Beasley-Teague of the 65th, Kaiser of the 59th, Dawkins-Haigler of the 93rd and others:
A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to change the age requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 993. By Representative Ramsey of the 72nd:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 994. By Representative Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to extend the preferential assessment of brownfield property under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 995. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal bills generally, so as to remove the Office of Planning and Budget from the fiscal note process

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for the filing of legislation and to avoid duplication of state services and administrative processes already performed by the state auditor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 996. By Representatives Powell of the 29th and Rice of the 51st:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to clarify the application of ad valorem taxation provisions consistent with the federal provisions in the Service Members Civil Relief Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 997. By Representatives Pak of the 102nd, Atwood of the 179th, Tankersley of the 158th, Hightower of the 68th, Cooke of the 18th 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 provide for the new crime of false lien statements against public officers or public employees; to provide for definitions; to provide for penalties; to provide a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 998. By Representatives Stephens of the 164th, Watson of the 163rd and Purcell of the 159th:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 999. By Representatives Stephens of the 164th, Watson of the 163rd and Purcell of the 159th:
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 change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1000. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved February 10, 2004 (Ga. L. 2004, p. 3501), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1001. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Irwin County, approved February 15, 1993 (Ga. L. 1993, p. 3757), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1002. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914,

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p. 232), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5165), so as to change the description of the commissioner districts; to reassign district numbers; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1003. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal a certain Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1004. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3663), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 747), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1005. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p.

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2441), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3672), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1006. By Representatives Parent of the 81st, Taylor of the 79th and Bell of the 58th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1007. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3624), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1008. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p.

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3542), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3632), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1009. By Representatives Harden of the 147th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating and establishing a board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4861), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1010. By Representatives Harden of the 147th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act to provide for the election of a chairperson and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3719), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5740), so as to reapportion the education districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1011. By Representatives Heard of the 114th, McKillip of the 115th and Williams of the 113th:
A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the mayor and council of the City of Athens and the existing school system in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4340), so as to change the

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composition of the board of education and the districts from which members are elected; to provide for definitions and inclusions; to provide for the election of members and terms of office; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1012. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1013. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act to reconstitute the law governing the Jackson County School System, approved May 17, 2004 (Ga. L. 2004, p. 3619), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1014. 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 28, 2010 (Ga. L. 2010, p 3655), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 1015. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 2960), an Act approved March 31, 1976 (Ga. L. 1976, p. 3643), and an Act approved April 25, 2002 (Ga. L. 2002, p. 4984), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for terms of office and election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1016. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved April 15, 1996 (Ga. L. 1996, p. 4466), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1017. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to amend an Act relative to the Board of Education of Franklin County, approved April 12, 1982 (Ga. L. 1982, p. 3753), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 1018. By Representative Maddox of the 172nd:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, particularly by an Act approved September 26, 2001 (Ga. L. Ex. Sess. 2001, p. 660), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1019. By Representatives Parent of the 81st, Taylor of the 79th and Bell of the 58th:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to provide for the filling of vacancies in the offices of mayor and councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1020. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4266), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 1021. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education for Evans County, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4281), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1022. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1023. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4852), so as to reconstitute the Board of Education of Polk County; to provide for seven members of such board; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for elections; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 1024. By Representatives Rice of the 51st and Harrell of the 106th:
A BILL to be entitled an Act to amend an Act providing for a budget commission in certain counties based upon classification by population, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, so as to revise and change the population and census application; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1025. By Representatives Oliver of the 83rd, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Benfield of the 85th 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 May 28, 2010 (Ga. L. 2010, p. 3677), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1026. By Representatives Sheldon of the 105th, Rice of the 51st and Brockway of the 101st:
A BILL to be entitled an Act to amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to authorization of law enforcement contracts with municipalities, reimbursement, employment and expenditures, and exception, so as to change the provisions relative to population brackets and the census regarding the exception to such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1027. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 175th and Hatchett of the 143rd:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to the tax credit for film or video production in Georgia; to change certain provisions relating to the exemptions from sales and use tax

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for film producers and film production companies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1028. By Representative Hatchett of the 143rd:
A BILL to be entitled an Act to amend an Act providing the method of election of the members to the Board of Education of Laurens County, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3950), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1029. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act for the election of members of the Board of Education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), as amended, so as to provide for the election of members of the Board of Education of Screven County; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the filling of vacancies; to provide for qualifications; to provide for the election of a chairperson; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1030. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to revise the provisions of law relating to the amount and manner of funds collected for the unemployment insurance trust fund; to revise the extent of benefits

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provided under the employment security law; to revise the powers of the Commissioner of Labor with regard to the employment security law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1031. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4089), so as to change the compensation for the chairperson and members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1032. By Representatives Hatchett of the 143rd, Collins of the 27th and Carter of the 175th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1033. By Representatives Hatchett of the 143rd, Collins of the 27th and Carter of the 175th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1034. By Representatives Hatchett of the 143rd, Collins of the 27th and Carter of the 175th:
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

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certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1035. By Representatives Hatchett of the 143rd, Collins of the 27th and Carter of the 175th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1036. By Representatives Hatchett of the 143rd, Collins of the 27th and Carter of the 175th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1376. By Representatives Greene of the 149th, Neal of the 1st, Bryant of the 160th, Horne of the 71st and Cheokas of the 134th:
A RESOLUTION authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of certain state owned real property located in Carroll County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; to provide an effective date; and for other purposes.
Referred to the Committee on State Institutions & Property.

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HR 1377. By Representatives Benfield of the 85th, Oliver of the 83rd, Ashe of the 56th, Abrams of the 84th, Hugley of the 133rd and others:
A RESOLUTION opposing the United States Supreme Court's ruling in Citizens United v. Federal Election Commission concerning corporate campaign spending and urging Congress to propose an amendment to the United States Constitution; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1378. By Representatives Harbin of the 118th, Cheokas of the 134th, McCall of the 30th, Rogers of the 26th, Roberts of the 154th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from sales and use and motor fuel taxes with respect to jet fuel and aviation gasoline shall be allocated for activities incident to providing and maintaining an adequate system of public-use airports in this state; to authorize the General Assembly to specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 1048. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to change provisions relating to who may serve process; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees collected by superior court clerks, so as to provide for filing fees for applications for certified process servers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1049. By Representative Willard of the 49th:
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 change its

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applicability and requirements; to change certain definitions; to correct certain cross-references; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to require that such information be updated; to provide for notices of delinquency to be sent by the director under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 1050. By Representatives Stephens of the 164th, Harbin of the 118th, Battles of the 15th and Geisinger of the 48th:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the Georgia Tourism Development Act, so as to revise certain definitions; to authorize the commissioner of the Department of Community Affairs to authorize sales tax refunds for tourism attractions; to provide for conditions and limitations; to provide for the commissioner to promulgate rules and regulations; to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding revenue bonds, so as to allow local governments to issue revenue bonds in support of tourism attractions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1051. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1052. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th and others:

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A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to reconstitute the board of directors; to provide for staggered terms for board members; provide for a limit on reappointment of board members; to provide for a method for nonparticipating counties to join the Authority; to prohibit the Authority from entering into certain transactions; to provide for a suspension of restrictions on the use of sales and use tax proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1053. By Representative Taylor of the 79th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for sales tax exemptions for certain items on specified dates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1054. By Representative Williams of the 4th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of sales and use taxes, so as to provide requirements and procedures for deductions or refunds as to amounts to be charged off of private label credit card or dealer credit programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1055. By Representatives Dukes of the 150th, McCall of the 30th, Rynders of the 152nd, Roberts of the 154th, Burns of the 157th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to aircraft used for spraying agricultural crops; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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

HB 955 HB 957 HB 959 HB 961 HB 965 HB 967 HB 969 HB 971 HB 973 HB 975 HB 977 HB 979 SB 333

HB 956 HB 958 HB 960 HB 964 HB 966 HB 968 HB 970 HB 972 HB 974 HB 976 HB 978 HB 980 SB 357

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 840 HB 921 HB 926 SB 317

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

HB 908 HB 925 HB 927 SB 318

Do Pass Do Pass Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ Sims of the 169th
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 1223 Do Pass HR 1368 Do Pass

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 16, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 728 Property; covenants; clarify provisions (Substitute)(GAff-Jasperse-12th)

Modified Open Rule

HB 744 HR 1325
SB 183

Uniform Partition of Heirs Property Act; enact (Judy-Lindsey-54th) Congress; amend Communication Act of 1934; permit use of cellular jammers; urge (SI&P-Cheokas-134th) Education; school health nurse programs; revise provisions (H&HSCooper-41st) Goggans-7th

Modified Structured Rule

HB 800

Assistant adjutants general; certain qualifications; change (Substitute)(D&VA-Hatchett-143rd)

Structured Rule

HB 835

Vehicles; 5 percent variance of weight limitations for towing disabled commercial vehicles; provide (Substitute)(Trans-Roberts-154th)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

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HB 840. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5796) so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5796), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, is amended by revising subsection (b) of Section 1 as follows:
"(b) Those members of the Board of Commissioners of Emanuel County who are serving as such on July 1, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors."
SECTION 2. Said Act is further amended by revising subsection (d) of Section 1 as follows:
"(d)(1) For purposes of electing members of the board of commissioners, Emanuel County is divided into five single-member commissioner districts. The five

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commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: emanuelcc-2012 Plan Type: Local Administrator: Emanuel cc User: bak'. (2) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (3) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Emanuel County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of Emanuel County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (5) Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (6) Commissioner Districts 1, 2, 3, 4, and 5, as they exist immediately prior to December 31, 2012, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after January 1, 2013, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 3. It shall be the duty of the authority of Emanuel County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. The provisions of this section and Section 1 of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Emanuel County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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Plan: emanuelcc-2012 Plan Type: Local Administrator: Emanuel cc User: bak
District 001 Emanuel County VTD: 1070053 - SWAINSBORO 1000 1001 1002 1003 1007 1011 1022 1023 1024 1025 1026 1027 1028 1029 1035 1036 1037 1038 1039 1040 1041 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1068 1069 1077 1078 1079 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 1101 1113 1114 1115 1116 1117 1119 2024 2025 2026 2027 2032 2033 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 1064 1066 1068 1069 1070 1071 1072 1099 3000 3001 3002 3003 3004 3005 3006 3007 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3045 3046 3047 3048 3049 3050 3051 3054 3055 3065 3066
District 002 Emanuel County VTD: 1070053 - SWAINSBORO 3035 3036 3037 3038 1021 1030 1031 1032 1033 1034 1067 1070 1076 1080 1081 1092 1094 1095 1096 1097 1098 1099 1100 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1118 1120 2028 2030 2045 2048 2050 2051 2052 2099 3040 3041 3042 3043 3044 3052 3053 3059 3060 3061 3062 3063 3068 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035

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1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1116 1117 2000 2001 2002 2003 2004 2015 2016 2017 2018 2019 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2039 2040 2041 2042 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2064 2071 2236 2237 2242 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 VTD: 1070058 - STILLMORE 1039 1092 1110 1111 1112 1113 1114 1115
District 003 Emanuel County VTD: 1070053 - SWAINSBORO 1048 1049 1050 1051 1052 1053 1054 1055 1056 1062 1063 1065 1067 1074 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1100 1101 1102 1109 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2046 2047 2049 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2100 2101 2102 2103 2104 2105 3008 3009 3010 3011 3056 3057 3058 3064 3067 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2022 2070 2084 2085 2086 2087 2088 2240 2241

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JOURNAL OF THE HOUSE

VTD: 1071452 - COWFORD 2034 2035 2036 2037 VTD: 1071502 - NUNEZ VTD: 1071748 - ADRIAN
District 004 Emanuel County VTD: 1070052 - CROSS-GREEN VTD: 1070053 - SWAINSBORO 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 1070057 - SUMMERTOWN VTD: 1071208 - BLUNDALE VTD: 1071333 - CANOOCHEE VTD: 1071429 - GARFIELD VTD: 1071452 - COWFORD 1008 1009 1010 1011 1019 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1042 1043 1044 1045 1073 1075 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2033 2074 2075 VTD: 1071560 - TWIN CITY 2085 2086 2087 2097 2098 2099 2100 2101 2102 2103 2106 2107 2108 2109 2110 2111 2112 2113 2114 2120 2121 2122 2123 2124 4009 4010 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4032 4033 4034 4035 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4053 4083
District 005 Emanuel County VTD: 1070050 - OAK PARK VTD: 1070058 - STILLMORE 1031 1032 1033 1034 1035 1036 1037 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165

THURSDAY, FEBRUARY 16, 2012

933

1166 1167 1168 1169 1170 1171 1172 1173 1178 1179 1180 1181 VTD: 1071560 - TWIN CITY 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1056 1057 1174 1175 1176 1177 1219 2104 2105 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 4023 4024 4025 4026 4027 4028 4029 4030 4031 4051 4052 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 908. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), and by an Act approved May 5, 2005 (Ga. L. 2005, p. 3597), so as to change the description of the education districts for the Commerce Independent School District; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 921. By Representatives Dickson of the 6th and Meadows of the 5th:
A BILL to be entitled an Act to amend an Act relative to the Murray County Board of Education, approved March 8, 1990 (Ga. L. 1990, p. 3668), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 925. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3718), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 926. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 16, 2012

935

HB 927. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Thomson, approved March 15, 1973 (Ga. L. 1973, p. 2132), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3724), so as to change the description of the election districts for the members of the city council; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 317. By Senator Grant of the 25th:
A BILL To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to 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. An Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), is amended by revising Section 1 as follows:
"SECTION 1. (a) The Board of Education of Baldwin County shall be composed of five members. For purposes of electing members of the board of education, the Baldwin County School District is divided into five education districts. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: baldwinccsbR-2012 Plan Type: local Administrator: baldwin User: Gina'. (b) As used in such attachment, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Baldwin County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c) Any part of the Baldwin County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (d) Education Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."

THURSDAY, FEBRUARY 16, 2012

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SECTION 2. Those members of the Board of Education of Baldwin County who are serving as such on the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.
SECTION 3. The Board of Education of Baldwin County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
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.
Plan: baldwinccsbR-2012 Plan Type: local Administrator: baldwin User: Gina
District 001 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 3022 3024 3028 3033 3067 3071 970300: 2032 2062 VTD: 009321E - EAST HARDWICK 970701: 1038 2004 2005 2017 2018 2021 2022 2026 2027 2029 2030 2031 2032 2033 3000 3006 3007 970702: 1009 1016 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2006 2021 2027 2028 2029 2031 2071 2072 2077 2079 2081 2086 970400:

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JOURNAL OF THE HOUSE

2003 2009 2011 2012 2013 2014 2021 2022 2024 3006 3007 3010 3012 3013 3014 3015 3016 3032 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1023 1024 1025 1033 1034 2000 2001 2002 2003 2006 2007 2008 2009 2019 2020 2028 3001 3002 3003 3004 3005 3008 3009 970702: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1014 1015 1017 1018 1027 1030 1031 2000 2015 2034 2036 VTD: 009CTY3 - BODDIE 970200: 3040 3041 3042 3056 3057 3058 3059 3060 3069 3070 4000 4001 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5018 5019 970400: 3000 3001 3002 3004 3035 3036 970701: 1000 1001 1002 1003 1004 1005 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970400: 5000 5001 5002 5003 5013 970701: 1032 1036 1037 2010 2013 2023 VTD: 009CTY5 - FIRE DEPT 970400: 2000 2001 2002 2005 2006 2007 2008 2010 2015 2016 2017 3003 3005 3008 3009 3011 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 5004 5005 5006 5009 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970100: 1047 1049 1050 1056 1072 1075 1076 1077 970200: 3013 3016 3017 3019 3020 3021 3023 3025 3026 970300: 2030 2033 2063 2066 2069 2076 2085 2088 970400: 2004 2018 VTD: 009MERI - MERIWEATHER 970300: 2022 2023 2024 2025 2074 2075 2078 2080 2082 2083 970400:

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2019 2020 2023 2025 2026 VTD: 009MONT - EAST BALDWIN 970100: 1068 1069 1080 2005 2012 2013 2014 2028 2029 970200: 5016 5017
District 002 Baldwin County VTD: 0091714 - SCOTTSBORO 970600: 4019 970800: 1007 1011 1012 1014 1080 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2039 3001 VTD: 009321E - EAST HARDWICK 970701: 2011 2012 2014 2015 2016 2025 3015 3016 3017 3018 3019 3020 3028 3029 3030 3032 3039 3041 3042 3043 3044 3045 970702: 2051 VTD: 009321W - WEST HARDWICK 970600: 1002 1003 1004 1005 1006 1007 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2001 2002 2005 2009 2010 2011 2013 2015 2016 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 970800: 2004 2005 2006 2007 2008 2009 2010 2016 2017 2018 VTD: 009322 - COOPERS 970800: 3002 3003 3004 3005 3014 3015 3021 3025 3026 3027 3028 3029 3030 3031 4029 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970500: 1010 1011 1012 1013 1014 1015 1016 1023 1024 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2031 2032 2033 2042 2043 2049 2050 2051 3078

940

JOURNAL OF THE HOUSE

970600: 2003 2004 2006 VTD: 009CTY2 - CITY HALL ANNEX 970500: 1047 1048 1049 1050 970600: 1000 970701: 1016 1017 1018 1019 1020 1021 1022 1026 1027 1028 1029 1030 1031 1035 970702: 1010 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970500: 1017 1018 1019 1020 1021 1022 1025 1026 1027 1028 1029 1039 1040 1041 1042 1043 1044 1045 1051 1052 1053 970600: 1001 1008 1009 1012 2000 970701: 2024 3010 3011 3012 3013 3014 3021 3022 3023 3024 3025 3026 3027 3031 3033 3034 3035 3036 3037 3038 3040 970702: 2023 2024 2025 2026 2027 2028
District 003 Baldwin County VTD: 0091714 - SCOTTSBORO 970800: 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1070 1071 1072 1073 1074 1075 1076 1077 3000 VTD: 009319 - WEST BALDWIN 970500: 3029 3046 3047 3048 3049 3050 3052 3053 3054 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3081 3082 3085 3086 970800: 2000 2002 2003 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 VTD: 009321W - WEST HARDWICK 970800: 2001 2011 2012 VTD: 009322 - COOPERS 970800:

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941

2013 2014 2015 2036 2037 2038 3006 3007 3008 3009 3010 3011 3012 3013 3016 3017 3018 3019 3020 3022 3023 3024 3032 3033 3034 3035 3036 4007 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2073 970400: 3017 3021 3024 3025 3029 3030 3033 3034 4019 5007 5008 5014 5026 5027 5028 970500: 1007 1008 1009 2000 2021 2024 2025 2026 2027 2028 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2044 2045 2046 2047 2048 2052 3030 3031 3032 3033 3035 3037 3038 3039 3044 3045 3076 3077 3079 3080 3083 3084 3087 970600: 2007 2008 2012 2014 2017 2019 2020 2030 2031 2032 2033 2034 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1014 1015 VTD: 009CTY3 - BODDIE 970200: 5015 5020 5021 970701: 1006 1007 1008 1009 1010 VTD: 009CTY4 - COURTHOUSE 970400: 5010 5011 5012 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5029 5030 5031 970500: 1000 1001 1002 1003 1004 1005 1006 1030 1031 1032 1033 1034 1035 1036 1037 1038 1046 VTD: 009MERI - MERIWEATHER 970400: 3018 3019 3020 3022 3023 3026 3027 3028 970500: 2003
District 004 Baldwin County VTD: 0091714 - SCOTTSBORO

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JOURNAL OF THE HOUSE

970800: 1006 1008 1009 1010 1013 1018 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1047 1048 1049 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1066 1067 1068 1069 1078 1079 VTD: 009318 - NORTH BALDWIN 970200: 1026 2000 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3014 3015 970300: 2040 2041 2087 VTD: 009CTY2 - CITY HALL ANNEX 970702: 2019 2020 2021 2022 2029 2030 2031 2032 2033 2035 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2054 970800: 1001 1002 1003 1004 1005 1015 1016 1017 1020 1021 1022 1023 VTD: 009MONT - EAST BALDWIN 970100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1051 1052 1053 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1070 1071 1073 1074 1078 1079 1081 1082 1083 1084 1085 1086 1087 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 970200: 3027 3068 970702: 2052 2053 970800: 1000 1019 1064 1065

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District 005 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 2001 2002 2003 2006 2007 2008 2012 3029 3032 3034 3043 3044 3045 3051 3052 3053 3054 3055 4002 970300: 2035 2036 2037 2038 2039 2044 2048 2056 2057 2064 2067 2068 970400: 1002 1005 VTD: 009319 - WEST BALDWIN 970500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3040 3042 3051 3055 3056 3057 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970200: 2004 2005 2022 970300: 2004 2007 2009 2010 2012 2013 2014 2016 2017 2042 2043 2045 2046 2047 2049 2050 2089 970500: 3028 3034 3036 3041 3043 VTD: 009CTY5 - FIRE DEPT 970200: 3061 3062 3063 970400: 1012 1013 1014 1016 1017 1018 1019 1020 1021 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970200: 3008 3011 3012 3018 3030 3031 3035 3036 3037 3038 3039 3046 3047 3048 3049 3050 3064 3065 3066 970300: 2034 2051 2052 2053 2054 2055 2058 2059 2060 2061 2065 2070 970400: 1000 1001 1003 1004 1006 1007 1008 1009 1010 1011 1015 1022 VTD: 009MERI - MERIWEATHER 970300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023

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1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 2000 2001 2002 2003 2005 2008 2011 2015 2018 2019 2020 2026 2084
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 318. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), is amended by revising subsection (a) as follows:
"(a)(1) There is created a five-member board of commissioners of Baldwin County who shall administer the affairs of the county. For purposes of electing members of

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the board of commissioners, Baldwin County is divided into five commissioner districts. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: baldwinccsbR-2012 Plan Type: local Administrator: baldwin User: Gina'. (2) When used in such attachment, the terms 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (3) Any part of Baldwin County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Baldwin County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (4) Commissioner Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. Those members of the Board of Commissioners of Baldwin County who are serving as such on the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.
SECTION 3. The governing authority of Baldwin County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice

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or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 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.
Plan: baldwinccsbR-2012 Plan Type: local Administrator: baldwin User: Gina
District 001 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 3022 3024 3028 3033 3067 3071 970300: 2032 2062 VTD: 009321E - EAST HARDWICK 970701: 1038 2004 2005 2017 2018 2021 2022 2026 2027 2029 2030 2031 2032 2033 3000 3006 3007 970702: 1009 1016 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2006 2021 2027 2028 2029 2031 2071 2072 2077 2079 2081 2086 970400: 2003 2009 2011 2012 2013 2014 2021 2022 2024 3006 3007 3010 3012 3013 3014 3015 3016 3032 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1023 1024 1025 1033 1034 2000 2001 2002 2003 2006 2007 2008 2009 2019 2020 2028 3001 3002 3003 3004 3005 3008 3009 970702: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1014 1015 1017 1018 1027 1030 1031 2000 2015 2034 2036

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VTD: 009CTY3 - BODDIE 970200: 3040 3041 3042 3056 3057 3058 3059 3060 3069 3070 4000 4001 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5018 5019 970400: 3000 3001 3002 3004 3035 3036 970701: 1000 1001 1002 1003 1004 1005 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970400: 5000 5001 5002 5003 5013 970701: 1032 1036 1037 2010 2013 2023 VTD: 009CTY5 - FIRE DEPT 970400: 2000 2001 2002 2005 2006 2007 2008 2010 2015 2016 2017 3003 3005 3008 3009 3011 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 5004 5005 5006 5009 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970100: 1047 1049 1050 1056 1072 1075 1076 1077 970200: 3013 3016 3017 3019 3020 3021 3023 3025 3026 970300: 2030 2033 2063 2066 2069 2076 2085 2088 970400: 2004 2018 VTD: 009MERI - MERIWEATHER 970300: 2022 2023 2024 2025 2074 2075 2078 2080 2082 2083 970400: 2019 2020 2023 2025 2026 VTD: 009MONT - EAST BALDWIN 970100: 1068 1069 1080 2005 2012 2013 2014 2028 2029 970200: 5016 5017
District 002 Baldwin County

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VTD: 0091714 - SCOTTSBORO 970600: 4019 970800: 1007 1011 1012 1014 1080 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2039 3001 VTD: 009321E - EAST HARDWICK 970701: 2011 2012 2014 2015 2016 2025 3015 3016 3017 3018 3019 3020 3028 3029 3030 3032 3039 3041 3042 3043 3044 3045 970702: 2051 VTD: 009321W - WEST HARDWICK 970600: 1002 1003 1004 1005 1006 1007 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2001 2002 2005 2009 2010 2011 2013 2015 2016 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 970800: 2004 2005 2006 2007 2008 2009 2010 2016 2017 2018 VTD: 009322 - COOPERS 970800: 3002 3003 3004 3005 3014 3015 3021 3025 3026 3027 3028 3029 3030 3031 4029 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970500: 1010 1011 1012 1013 1014 1015 1016 1023 1024 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2031 2032 2033 2042 2043 2049 2050 2051 3078 970600: 2003 2004 2006 VTD: 009CTY2 - CITY HALL ANNEX 970500: 1047 1048 1049 1050 970600: 1000 970701: 1016 1017 1018 1019 1020 1021 1022 1026 1027 1028 1029 1030

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1031 1035 970702: 1010 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970500: 1017 1018 1019 1020 1021 1022 1025 1026 1027 1028 1029 1039 1040 1041 1042 1043 1044 1045 1051 1052 1053 970600: 1001 1008 1009 1012 2000 970701: 2024 3010 3011 3012 3013 3014 3021 3022 3023 3024 3025 3026 3027 3031 3033 3034 3035 3036 3037 3038 3040 970702: 2023 2024 2025 2026 2027 2028
District 003 Baldwin County VTD: 0091714 - SCOTTSBORO 970800: 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1070 1071 1072 1073 1074 1075 1076 1077 3000 VTD: 009319 - WEST BALDWIN 970500: 3029 3046 3047 3048 3049 3050 3052 3053 3054 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3081 3082 3085 3086 970800: 2000 2002 2003 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 VTD: 009321W - WEST HARDWICK 970800: 2001 2011 2012 VTD: 009322 - COOPERS 970800: 2013 2014 2015 2036 2037 2038 3006 3007 3008 3009 3010 3011 3012 3013 3016 3017 3018 3019 3020 3022 3023 3024 3032 3033 3034 3035 3036 4007 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2073

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970400: 3017 3021 3024 3025 3029 3030 3033 3034 4019 5007 5008 5014 5026 5027 5028 970500: 1007 1008 1009 2000 2021 2024 2025 2026 2027 2028 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2044 2045 2046 2047 2048 2052 3030 3031 3032 3033 3035 3037 3038 3039 3044 3045 3076 3077 3079 3080 3083 3084 3087 970600: 2007 2008 2012 2014 2017 2019 2020 2030 2031 2032 2033 2034 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1014 1015 VTD: 009CTY3 - BODDIE 970200: 5015 5020 5021 970701: 1006 1007 1008 1009 1010 VTD: 009CTY4 - COURTHOUSE 970400: 5010 5011 5012 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5029 5030 5031 970500: 1000 1001 1002 1003 1004 1005 1006 1030 1031 1032 1033 1034 1035 1036 1037 1038 1046 VTD: 009MERI - MERIWEATHER 970400: 3018 3019 3020 3022 3023 3026 3027 3028 970500: 2003
District 004 Baldwin County VTD: 0091714 - SCOTTSBORO 970800: 1006 1008 1009 1010 1013 1018 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1047 1048 1049 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1066 1067 1068 1069 1078 1079 VTD: 009318 - NORTH BALDWIN 970200: 1026 2000 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 3000 3001 3002 3003 3004 3005 3006 3007

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3009 3010 3014 3015 970300: 2040 2041 2087 VTD: 009CTY2 - CITY HALL ANNEX 970702: 2019 2020 2021 2022 2029 2030 2031 2032 2033 2035 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2054 970800: 1001 1002 1003 1004 1005 1015 1016 1017 1020 1021 1022 1023 VTD: 009MONT - EAST BALDWIN 970100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1051 1052 1053 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1070 1071 1073 1074 1078 1079 1081 1082 1083 1084 1085 1086 1087 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 970200: 3027 3068 970702: 2052 2053 970800: 1000 1019 1064 1065
District 005 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 2001 2002 2003 2006 2007 2008 2012 3029 3032 3034 3043 3044 3045 3051 3052 3053 3054 3055 4002

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970300: 2035 2036 2037 2038 2039 2044 2048 2056 2057 2064 2067 2068 970400: 1002 1005 VTD: 009319 - WEST BALDWIN 970500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3040 3042 3051 3055 3056 3057 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970200: 2004 2005 2022 970300: 2004 2007 2009 2010 2012 2013 2014 2016 2017 2042 2043 2045 2046 2047 2049 2050 2089 970500: 3028 3034 3036 3041 3043 VTD: 009CTY5 - FIRE DEPT 970200: 3061 3062 3063 970400: 1012 1013 1014 1016 1017 1018 1019 1020 1021 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970200: 3008 3011 3012 3018 3030 3031 3035 3036 3037 3038 3039 3046 3047 3048 3049 3050 3064 3065 3066 970300: 2034 2051 2052 2053 2054 2055 2058 2059 2060 2061 2065 2070 970400: 1000 1001 1003 1004 1006 1007 1008 1009 1010 1011 1015 1022 VTD: 009MERI - MERIWEATHER 970300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 2000 2001 2002 2003 2005 2008 2011 2015 2018 2019 2020 2026 2084
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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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, 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 Atwood Y Baker Y Battles Y Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter
Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

E Heckstall E Hembree E Henson E Hightower
Hill Y Holcomb Y Holmes
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane
Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J E Pruett Y Purcell Y Ramsey Y Randall Y Reece Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E E Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas VACANT Y Waites Y Watson Y Welch Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bills, the ayes were 149, nays 0.

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

Representatives Dukes of the 150th and Pak of the 102nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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Due to a mechanical malfunction, the vote of Representative Talton of the 145th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 246. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, so as to provide for an increase in the employee contribution; to provide for an increase in the retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 286. By Senators Heath of the 31st, Hill of the 4th, Stoner of the 6th, Hooks of the 14th and Murphy of the 27th:
A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees' Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who first or again becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2012, shall be eligible for membership in the Employees' Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 303. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under

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the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 304. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 394. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 397. By Senator Miller of the 49th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Hall County, approved March 29, 1983 (Ga. L. 1983, p. 4553), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4915), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 712. By Representative Jasperse of the 12th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Pickens County, approved June 2, 2010 (Ga. L. 2010, p. 3704), so as to clarify the effective dates of the repeal of certain Acts due to a scrivener's error; to change the description of the commissioner districts; to

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provide for definitions and inclusions; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 726. By Representatives James of the 135th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Peach County," approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4042), so as to change the description of the districts from which members of such board are elected; to define certain terms and provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 727. By Representatives James of the 135th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the Board of Education of Peach County," approved March 20, 1990 (Ga. L. 1990, p. 4155), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4049), so as to change the description of the districts from which members of such board are elected; to define certain terms and to provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 784. By Representatives Maxwell of the 17th and Cooke of the 18th:
A BILL to be entitled an Act to amend an Act relating to the board of education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4415), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 803. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 812. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd:
A BILL to be entitled an Act to amend an Act creating the Douglas County Board of Education, approved April 13, 1982, (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5149), so as to provide for the continuation in office of current members of the board of education; to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 813. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4494), so as to reapportion the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 246. By Senator Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees

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Retirement System, so as to provide for an increase in the employee contribution; to provide for an increase in the retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 286. By Senators Heath of the 31st, Hill of the 4th, Stoner of the 6th, Hooks of the 14th and Murphy of the 27th:
A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees' Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who first or again becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2012, shall be eligible for membership in the Employees' Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 303. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 304. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of

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subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 394. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 397. By Senator Miller of the 49th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Hall County, approved March 29, 1983 (Ga. L. 1983, p. 4553), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4915), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Willard of the 49th, Holt of the 112th, Welch of the 110th, Davis of the 109th, Williams of the 89th, Williams of the 113th, Collins of the 27th, Rogers of the 10th, Allison of the 8th, and Wilkinson of the 52nd.
Pursuant to HR 1334, the House commended the Georgia Rural Health Association and recognized February 16, 2012, as Rural Health Day at the State Capitol.

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Pursuant to HR 1368, the House commended the winner of the 2011 Rick Perkins Award for Excellence in Technical Instruction, Karon Green Walton, and invited her to be recognized by the House of Representatives.
Pursuant to HR 1223, the House commended Alvie Coes III and invited him to be recognized by the House of Representatives.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1223. By Representatives Parrish of the 156th, Tankersley of the 158th, Burns of the 157th, Purcell of the 159th and Dutton of the 166th:
A RESOLUTION commending Alvie Coes III and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1368. By Representatives Howard of the 121st, Frazier of the 123rd, Smith of the 122nd, Murphy of the 120th and Sims of the 119th:
A RESOLUTION commending the winner of the 2011 Rick Perkins Award for Excellence in Technical Instruction, Karon Green Walton, and inviting her to be recognized by the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 835. By Representatives Roberts of the 154th, Sims of the 169th, Burns of the 157th, Benton of the 31st, Williams of the 165th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, so as to provide for a 5 percent variance of weight limitations for vehicles towing disabled, damaged, or wrecked commercial vehicles; to provide for annual permits for commercial wreckers exceeding the maximum weight and dimensions for vehicles and loads allowed on the state highway system when conducting an emergency tow; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT

THURSDAY, FEBRUARY 16, 2012

961

To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, so as to provide for annual permits for commercial wreckers exceeding the maximum weight and dimensions for vehicles and loads allowed on the state highway system when conducting an emergency tow; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, is amended in Code Section 32-6-28, relating to permits for excess weight and dimensions of vehicles and loads, by revising subsections (b) and (c) as follows:
"(b) Duration and limits of permits. (1) Annual permit. The commissioner or an official of the department designated by the commissioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the date the permit is issued even though the vehicle or its load exceeds the maximum limits specified in this article. However, except as specified in paragraph (2) of this subsection, an annual permit shall not authorize the operation of a vehicle: (A) Whose total gross weight exceeds 100,000 pounds; (B) Whose single axle weight exceeds 25,000 pounds; (C) Whose total load length exceeds 100 feet; (D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or (E) Whose height exceeds 14 feet and six inches. (2) Annual permit plus. Vehicles and loads that meet the requirements for an annual permit may apply for a special annual permit to carry wider loads on the NHS. The wider load limits shall be a maximum of 14 feet wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load. (3) Annual commercial wrecker emergency tow permit. Pursuant to this Code section, the commissioner may issue an annual permit for vehicles towing disabled, damaged, or wrecked commercial vehicles even though such wrecker or its load exceeds the maximum limits specified in this article. However, an annual commercial wrecker emergency tow permit shall not authorize the operation of a vehicle: (A) Whose single axle weight exceeds 21,000 pounds; (B) Whose load on any tandem axle exceeds 40,000 pounds; or (C) Whose total load length exceeds 125 feet. (2.1)(4) Six-month permit. Six-month permits may be issued for loads of tobacco or unginned cotton the widths of which do not exceed nine feet, provided that such loads shall not be operated on The Dwight D. Eisenhower System of Interstate and Defense Highways.

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(3)(5) Single trip. Pursuant to this Code section, the commissioner may issue a single-trip permit to any vehicle or load allowed by federal law. (4)(6) Multitrip. Pursuant to this Code section, the commissioner may issue a multitrip permit to any vehicle or load allowed by federal law. A multitrip permit authorizes the permitted load to return to its original destination on the same permit, if done so within ten days, with the same vehicle configuration, and following the same route, unless otherwise specified by the department. A multitrip permit authorizes unlimited permitted loads on the same permit, if done so within the allowable ten days, with the same vehicle configuration, and following the same route. (c) Fees. The department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof as follows: (1) Annual. Charges for the issuance of annual permits shall be $150.00 per permit. (2) Annual permit plus. Charges for the issuance of annual permits plus shall be $500.00 per permit. (3) Annual commercial wrecker emergency tow permit. Charges for the issuance of annual commercial wrecker emergency tow permits shall be $500.00 per permit. (3)(4) Six months. The charges for the issuance of six-month permits for loads of tobacco or unginned cotton shall be $25.00 per permit. (4)(5) Single trip. Charges for the issuance of single-trip permits shall be as follows:
(A) Any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this subparagraph............................................................... $ 30.00
(B) Superload permit. Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph and not weighing more than 180,000 pounds ................................ 125.00
(C) Superload plus permit. Any load having a weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph....... 500.00 (5)(6) Multitrip. Charges for the issuance of multitrip permits shall be $100.00 for any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this paragraph."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 16, 2012

963

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield
Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

E Heckstall E Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J E Pruett Y Purcell Y Ramsey Y Randall Y Reece
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon
Sims, B Y Sims, C Y Smith, E E Smith, K
Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley
Thomas VACANT Y Waites Y Watson Y Welch Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 0.

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

Representatives Sims of the 119th and Smith of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 183. By Senators Goggans of the 7th, Unterman of the 45th and Cowsert of the 46th:

A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health

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in elementary and secondary education, so as to revise provisions relating to school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke
Coomer Cooper Y Crawford

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Fludd Y Frazier Y Fullerton Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield E Heard

E Heckstall E Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J E Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders
Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E E Smith, K
Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley
Thomas VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson 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.

THURSDAY, FEBRUARY 16, 2012

965

Representatives Beasley-Teague of the 65th, Clark of the 98th, and Smith of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 744. By Representatives Lindsey of the 54th, Ashe of the 56th, Allison of the 8th, Neal of the 1st, Maddox of the 127th and others:

A BILL to be entitled an Act to amend Part 2 of Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to partition, so as to enact the "Uniform Partition of Heirs Property Act"; to provide for construction with federal law; to amend Code Section 24-7-706 of the Official Code of Georgia Annotated, relating to court appointed experts, so as to include cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart
England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin

E Heckstall E Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J E Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E E Smith, K
Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T
Teasley Thomas VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A

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Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

Representatives Beasley-Teague of the 65th and Smith of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 1325. By Representatives Cheokas of the 134th, Davis of the 109th, Neal of the 1st, Powell of the 171st, Collins of the 27th and others:

A RESOLUTION urging the Congress of the United States to amend the Communications Act of 1934 and FCC rules so as to permit the use of "cellular jammers" to prevent illegal cell phone use in prison facilities; 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 Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Y Fludd

E Heckstall E Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E E Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley

THURSDAY, FEBRUARY 16, 2012

967

Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, A Y Powell, J E Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Thomas VACANT
Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 728. By Representative Jasperse of the 12th:

A BILL to be entitled an Act to provide for legislative findings; to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for legislative findings; to provide for covenants adopted prior to the adoption of zoning laws; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for legislative findings; to provide for covenants adopted prior to the adoption of zoning laws; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. The General Assembly finds that current law, Code Section 44-5-60, relating to covenants running with the land, is vague and is in fact silent as to the treatment of covenants which were created prior to a county or municipality adopting zoning laws. The General Assembly finds that during its 1935 session it provided for covenants running with the land terminating at a point certain when municipalities had adopted zoning laws and that in its 1962 session it further provided for covenants running with the land terminating at a point certain in those areas of counties for which zoning laws had been adopted. However, the General Assembly finds that at no point has this body pronounced how covenants running with the land which were created prior to the existence of zoning laws should be treated, and therefore it is the intent of the General Assembly to clarify and correct the current vagaries in the law.

SECTION 2. Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, is amended by revising subsection (b) as follows:
"(b) Notwithstanding subsection (a) of this Code section, covenants restricting lands to certain uses shall not run for more than 20 years in municipalities which have adopted zoning laws nor in those areas in counties for which zoning laws have been adopted; provided, however, that whenever a zoning ordinance, upon its initial enactment by a county or municipality, expressly acknowledges the continuing application of a covenant restricting lands to certain uses within that jurisdiction, any such covenant, if created prior to zoning laws being adopted by that county or municipality, shall continue to be effective in such jurisdiction until the expiration of such covenant in accordance with its terms."

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

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

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar

E Heckstall E Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby

Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E E Smith, K Y Smith, L Y Smith, R

THURSDAY, FEBRUARY 16, 2012

969

Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Murphy Y Neal, J
Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J E Pruett Y Purcell Y Ramsey Y Randall
Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 0.

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

Representative Sims of the 169th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 800. By Representatives Hatchett of the 143rd, Yates of the 73rd, Amerson of the 9th, Setzler of the 35th, Holcomb of the 82nd and others:

A BILL to be entitled an Act to amend Code Section 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, so as to change certain qualifications for the position of assistant adjutant general; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE

A BILL TO BE ENTITLED AN ACT
To amend Code Section 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, so as to change certain qualifications for the position of assistant adjutant general; 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 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, is amended by revising subsection (a) as follows:
"(a) The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard or any other component of the Army or Air Force shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard or any other component of the Army or Air Force, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank of not less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required of the adjutant general in connection with the military division, as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure of the Governor."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

THURSDAY, FEBRUARY 16, 2012

971

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

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

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

N Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe N Atwood
Baker Y Battles E Beasley-Teague N Bell N Benfield N Benton N Beverly Y Black N Braddock Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper N Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs N Dollar E Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton Y Ehrhart Y England N Epps, C N Epps, J N Evans N Floyd
Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

E Heckstall E Hembree N Henson Y Hightower N Hill Y Holcomb N Holmes N Holt Y Horne Y Houston
Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jasperse
Jerguson N Johnson
Jones, J N Jones, S N Jordan N Kaiser N Kendrick N Kidd Y Knight Y Lane Y Lindsey Y Long N Maddox, B Y Maddox, G Y Manning N Marin
Martin Y Maxwell Y Mayo

N McBrayer Y McCall Y McKillip
Meadows N Mitchell N Morgan Y Morris
Mosby N Murphy
Neal, J N Neal, Y Y Nimmer
Nix N Oliver Y O'Neal N Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J E Pruett Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders Y Scott, M N Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B N Sims, C N Smith, E E Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre Y Spencer N Stephens, M Y Stephens, R
Stephenson Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas VACANT Y Waites Y Watson Y Welch N Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E N Williams, R Williamson Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 92, nays 61.

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

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Representatives Meadows of the 5th and Talton of the 145th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Sims of the 169th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 800.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1440. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending the Winder-Barrow Cheer Doggs on winning the coed division of the 2011-2012 GHSA Cheerleading State Championships and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1441. By Representatives Kidd of the 141st, Ralston of the 7th, Williams of the 4th, Wilkinson of the 52nd, Harbin of the 118th and others:
A RESOLUTION commending Major General Peter J. Boylan and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1442. By Representatives Wilkinson of the 52nd, Ashe of the 56th, Stephens of the 164th, Jacobs of the 80th, Abrams of the 84th and others:
A RESOLUTION commending Consul General Opher Aviran and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1443. By Representatives Atwood of the 179th, Lane of the 167th, Willard of the 49th, Meadows of the 5th, Hill of the 21st and others:
A RESOLUTION honoring the life and memory of Corporal John R. Stalvey and inviting William Stalvey, Crystal Merillat, Matthew Stalvey, and Cristen Stalvey to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:

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HR 1444. By Representative Drenner of the 86th:
A RESOLUTION recognizing and commending Andrea Fors; and for other purposes.
HR 1445. By Representative Drenner of the 86th:
A RESOLUTION recognizing and commending the D'AIR Project; and for other purposes.
HR 1446. By Representative Drenner of the 86th:
A RESOLUTION recognizing and commending Reverend Jerry D. Black on the occasion of his 20th pastoral anniversary; and for other purposes.
HR 1447. By Representatives Drenner of the 86th, Holcomb of the 82nd, Kendrick of the 94th, Oliver of the 83rd, Benfield of the 85th and others:
A RESOLUTION recognizing the "Buy DeKalb!" Initiative; and for other purposes.
HR 1448. By Representative Fludd of the 66th:
A RESOLUTION recognizing and commending Hunter Whitehurst; and for other purposes.
HR 1449. By Representatives Williams of the 165th, Smyre of the 132nd and Hugley of the 133rd:
A RESOLUTION honoring the life and memory of Mother Mary Hines Brown; and for other purposes.
HR 1450. By Representative Hanner of the 148th:
A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Grace Virginia Richardson Humphrey Cutts; and for other purposes.
HR 1451. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION honoring the life and memory of William D. Healan, Jr.; and for other purposes.

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HR 1452. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION recognizing Pam Veader and commending her for being named the 2011 Barrow Business Woman of the Year; and for other purposes.
HR 1453. By Representative Yates of the 73rd:
A RESOLUTION honoring the life and memory of Gerald "Jerry" Michael Shaw; and for other purposes.
HR 1454. By Representatives Gardner of the 57th, Harbin of the 118th, Ashe of the 56th, Bruce of the 64th, Jacobs of the 80th and others:
A RESOLUTION commending the American Red Cross and proclaiming March, 2012, American Red Cross Month in Georgia; and for other purposes.
HR 1455. By Representatives Abrams of the 84th, Morgan of the 39th, Hugley of the 133rd, Bruce of the 64th, Taylor of the 55th and others:
A RESOLUTION commending the Atlanta Chapter of the National Alumnae Association of Spelman College and recognizing February 17, 2012, as National Alumnae Association of Spelman College-Atlanta Chapter Day at the capitol; and for other purposes.
HR 1456. By Representatives Manning of the 32nd, O`Neal of the 146th, Gardner of the 57th, Clark of the 104th, Pruett of the 144th and others:
A RESOLUTION recognizing the Georgia Association of Homes and Services for Children; and for other purposes.
HR 1457. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th, Ehrhart of the 36th and Powell of the 171st:
A RESOLUTION commending the Georgia Chapter of the American Institute of Architects and recognizing February 21, 2012, as American Institute of Architects Grassroots Day at the capitol; and for other purposes.
HR 1458. By Representatives Morgan of the 39th, Evans of the 40th, Jones of the 44th, Manning of the 32nd, Teasley of the 38th and others:

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A RESOLUTION recognizing and commending Bishop Brian Keith Hodges on the occasion of his 15th pastoral anniversary at Gathering of Champions Church International; and for other purposes.
HR 1459. By Representative Powell of the 171st:
A RESOLUTION honoring Vernon W. Twitty, Sr., on the grand occasion of his 100th birthday; and for other purposes.
HR 1460. By Representatives Geisinger of the 48th, Byrd of the 20th, Taylor of the 79th, Wilkinson of the 52nd, Coleman of the 97th and others:
A RESOLUTION recognizing Wednesday, February 29, 2012, as Skin Cancer Awareness Day at the state capitol; and for other purposes.
HR 1461. By Representatives Wilkinson of the 52nd, Ashe of the 56th, Kaiser of the 59th, Brooks of the 63rd, Taylor of the 55th and others:
A RESOLUTION recognizing the Building Owners and Managers of Atlanta and declaring February 22, 2012, as BOMA Day at the capitol; and for other purposes.
HR 1462. By Representatives Lindsey of the 54th, Wilkinson of the 52nd and Dobbs of the 53rd:
A RESOLUTION recognizing and commending Charlotte McCauley; and for other purposes.
HR 1463. By Representatives Buckner of the 130th and James of the 135th:
A RESOLUTION recognizing and commending Talbotton Baptist Church on the occasion of its 183rd anniversary; and for other purposes.
HR 1464. By Representatives McKillip of the 115th, Heard of the 114th and Williams of the 113th:
A RESOLUTION honoring the Hugh Hodgson School of Music at the University of Georgia; 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 1153 Do Pass

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The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1153. By Representatives Ralston of the 7th, Amerson of the 9th, Collins of the 27th and Williams of the 4th:
A RESOLUTION honoring North Georgia College and State University and inviting its President Dr. Bonita C. Jacobs to be recognized by the House of Representatives; and for other purposes.
Pursuant to HR 1153, the House honored North Georgia College and State University and invited its President Dr. Bonita C. Jacobs to be recognized by the House of Representatives.
Representative Martin of the 47th District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:
Mr. Speaker:
Your Committee on Budget and Fiscal Affairs Oversight has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 456 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman
Representative Parsons of the 42nd District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Energy, Utilities, and Telecommunications has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 769 Do Pass HB 855 Do Pass, by Substitute
Respectfully submitted, /s/ Parsons of the 42nd
Chairman

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Representative Hamilton of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 776 Do Pass HB 899 Do Pass, by Substitute

HB 811 Do Pass, by Substitute HB 949 Do Pass

Respectfully submitted, /s/ Hamilton of the 23rd
Chairman

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

Mr. Speaker:

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

HB 434 HB 845 HB 879

Do Pass Do Pass Do Pass, by Substitute

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

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

Mr. Speaker:

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

HB 900 Do Pass

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Respectfully submitted, /s/ Rice of the 51st
Chairman
Representative Maxwell of the 17th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 183 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
Representative Neal of the 1st District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 863 Do Pass, by Substitute
Respectfully submitted, /s/ Neal of the 1st
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia
Friday, February 17, 2012
Twenty-First Legislative Day
The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Pastor Johnny H. Moore, Family Worship Center, Cairo, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

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HB 1037. By Representatives McCall of the 30th and Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1038. By Representatives McCall of the 30th and Powell of the 29th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for renumbering of certain districts; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1039. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Montgomery County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for manner of election and terms of office; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 1040. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Glascock County, approved April 1, 1996 (Ga. L. 1996, p. 3725), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1041. By Representatives Battles of the 15th and Coomer of the 14th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1042. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Code Section 44-14-160 of the Official Code of Georgia Annotated, relating to the recording of foreclosure and deed under power documents, so as to amend the time in which a mortgage holder must file deeds under power after a foreclosure sale; to provide for a cause of action for failure to file a deed under power after a foreclosure sale; to provide for jurisdiction; to provide for presumed damages and a maximum recovery amount; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1043. By Representatives Powell of the 171st, Roberts of the 154th, Shaw of the 176th, McCall of the 30th, Jasperse of the 12th and others:

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A BILL to be entitled an Act to amend Chapter 4 of Title 4 of the O.C.G.A., relating to prevention and control of disease in livestock, so as to provide for regulation of importation of white-tailed deer from other states into this state for breeding purposes; to define certain terms; to provide for deer breeding permits; to provide for terms and conditions; to regulate deer breeders and deer breeding facilities; to prohibit certain acts; to amend Chapter 5 of Title 27 of the O.C.G.A., relating to wild animals, so as to change certain provisions relating to importation restrictions relative to live cervids and prohibitions on possession of cervid carcasses and to change certain provisions relating to wild animal licenses and permits generally; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1044. By Representatives Dollar of the 45th, Cooper of the 41st and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide for a special license plate for supporting nurses in Georgia and the nursing profession; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1045. By Representatives Harbin of the 118th, Martin of the 47th, Roberts of the 154th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to provide that each person employed by a public school system in this state who renders service as an athletic coach shall successfully complete a sports safety course prior to serving as an athletic coach; to provide for the requirements of such courses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1046. By Representatives Dickey of the 136th, Epps of the 140th, Shaw of the 176th, Knight of the 126th and Peake of the 137th:

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A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to dangerous instrumentalities and practices, so as to change provisions relating to discharging a gun or pistol near a public highway or street; to provide for definitions; to provide for exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1047. By Representatives Ramsey of the 72nd, Jacobs of the 80th and Welch of the 110th:
A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44, relating to foreclosure, so as to provide for a showing of a property's fair market value in order to obtain a judgment on a deed to secure debt or mortgage prior to a foreclosure and sale under power; to provide for fair market value to be used as the opening bid in sales under power when a money judgment has been obtained prior to foreclosure; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1056. By Representatives Battles of the 15th, Ehrhart of the 36th, Hanner of the 148th, Amerson of the 9th, Williams of the 165th and others:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to clarify the application of ad valorem taxation provisions consistent with the federal provisions in the Service Members Civil Relief Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1057. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3944), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4584), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act

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for preclearance pursuant to the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1058. By Representatives Sims of the 119th, Ashe of the 56th and Purcell of the 159th:
A BILL to be entitled an Act to amend Code Section 22-1-2 of the Official Code of Georgia Annotated, relating to nature of right of eminent domain and property to be put to public use, so as to provide that the ownership of property seized to mitigate blight may be transferred within 20 years of the initial condemnation; to provide that the zoning of such property cannot be changed to a more intense use for a period of one year following condemnation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1059. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3986), so as to change the description of the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1060. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating the Burke County Board of Education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5156), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 1061. By Representatives Lindsey of the 54th, Holt of the 112th, Wilkinson of the 52nd and Watson of the 163rd:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating generally to insurance, so as to provide for a short title and findings; to require health plans to provide coverage for hearing aids for certain individuals; to provide for the frequency of replacement of hearing aids; to provide for coverage of services and supplies; to provide options for higher priced devices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 1062. By Representatives Kaiser of the 59th and Wilkerson of the 33rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement of taxation, so as to provide for an actuarial investigation and a legislative procedure for review and perfection of all bills proposing tax exemptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1063. By Representatives Epps of the 128th, Nix of the 69th, and Smith of the 129th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Troup County Airport Authority," approved March 23, 1977 (Ga. L. 1977, p. 3387), so as to change the membership of the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1064. By Representatives Spencer of the 180th, Stephens of the 164th, Stephens of the 161st, Williams of the 165th, Atwood of the 179th and others:
A BILL to be entitled an Act to amend Code Section 12-5-288 of the Official Code of Georgia Annotated, relating to activities and structures considered to be contrary to the public interest for purposes of issuing permits allowing

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alteration of coastal marshlands, so as to repeal the provision related to occupying live-aboards; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 1065. By Representative Williams of the 4th:
A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to tax payment and reporting by licensees; to provide a date by which taxes must be paid for distilled spirits sold by the package or disposed of by wholesale dealers; to provide for electronic record keeping; to declare certain distilled spirits to be contraband; to change certain provisions relating to authorization of the levy of tax on the sale of distilled spirits by the package and imposition of tax by both counties and municipalities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 1066. By Representative Williams of the 4th:
A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to alcoholic beverage licenses; to provide for staggered renewal dates for certain licenses; to revise certain provisions relating to sales of alcoholic beverages near churches, school buildings, and other sites; to declare certain distilled spirits to be contraband if not acquired from certain licensees; to establish an annual occupational license tax upon special event applicants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 1067. By Representatives Rogers of the 26th, Smith of the 131st and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to the limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, so as to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Insurance.
HB 1068. By Representatives Weldon of the 3rd, Taylor of the 79th, Holt of the 112th, Battles of the 15th, Maddox of the 127th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide that a reference product license holder shall have immunity from liability from claims for loss arising from the use of a biosimilar biological product; to provide for definitions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1069. By Representatives Weldon of the 3rd, Harden of the 147th, Holt of the 112th, Dollar of the 45th, Taylor of the 79th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1070. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1071. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to change certain provisions relating to the excise tax on certain tobacco

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products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide for annual renewal of tobacco dealer license; to provide for exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to 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 include hearings related to tobacco within its meaning; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1072. By Representatives Manning of the 32nd, Dempsey of the 13th, England of the 108th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, so as to require the Veterans Service Board to apply for certification for the Georgia State War Veterans' Home to participate in the medicare and Medicaid programs; to provide for payment to the Department of Veterans Service from third-party payers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 1073. By Representatives Neal of the 1st, Davis of the 109th and Cheokas of the 134th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions, so as to provide for a tax credit for certain contributions to public schools; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1439. By Representatives Peake of the 137th, Randall of the 138th, Dickey of the 136th, Epps of the 140th, Beverly of the 139th and others:

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A RESOLUTION honoring the life of Patrolman Donald J. Mander and dedicating an underpass in his honor; and for other purposes.

Referred to the Committee on Transportation.

HR 1465. By Representative Harden of the 28th:

A RESOLUTION honoring the life of Mr. Thomas R. "Tommie" Irvin and dedicating an intersection in his memory; and for other purposes.

Referred to the Committee on Transportation.

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

Abdul-Salaam Abrams Allison Amerson Anderson Ashe Atwood Baker Battles E Beasley-Teague Bell Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Byrd Carson Carter Casas Cheokas Clark, J Clark, V Collins Cooke Coomer Cooper E Crawford

Davis Dempsey Dickerson Dickey Dickson Dobbs Dollar Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Floyd Fludd Frazier Fullerton Gardner Geisinger Golick Gordon Greene Hamilton Harbin Harden, B Harden, M Harrell Hatchett Hatfield E Heard

E Heckstall Hembree Henson Hightower Hill Holcomb Holmes Holt Horne Houston Howard Hugley Jackson Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S Jordan Kaiser Kendrick Kidd Knight Lane Lindsey Maddox, B Maddox, G Manning Marin Maxwell Mayo

McBrayer McCall McKillip Meadows Mitchell Morgan Mosby Murphy Neal, J Nimmer Nix Oliver O'Neal Pak Parent Parrish Peake Powell, A Powell, J Pruett Purcell Ramsey Randall E Reece Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M Scott, S Setzler

Shaw Sheldon Sims, B Sims, C Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Spencer Stephens, M Stephens, R Stephenson Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Waites Watson Weldon Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Ralston, Speaker

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

Representatives Channell of the 116th, Hanner of the 148th, Hudson of the 124th, Long of the 61st, Martin of the 47th, Morris of the 155th, Neal of the 75th, Parsons of the 42nd, and Yates of the 73rd.

They wished to be recorded as present.

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

HB 981 HB 983 HB 985 HB 987 HB 989 HB 991 HB 993 HB 995 HB 997 HB 999 HB 1001 HB 1003 HB 1005 HB 1007 HB 1009 HB 1011 HB 1013 HB 1015 HB 1017 HB 1019 HB 1021 HB 1023 HB 1025 HB 1027 HB 1029 HB 1031 HB 1033 HB 1035 HB 1048 HB 1050 HB 1052 HB 1054

HB 982 HB 984 HB 986 HB 988 HB 990 HB 992 HB 994 HB 996 HB 998 HB 1000 HB 1002 HB 1004 HB 1006 HB 1008 HB 1010 HB 1012 HB 1014 HB 1016 HB 1018 HB 1020 HB 1022 HB 1024 HB 1026 HB 1028 HB 1030 HB 1032 HB 1034 HB 1036 HB 1049 HB 1051 HB 1053 HB 1055

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HR 1376 HR 1378 SB 286 SB 304 SB 397

HR 1377 SB 246 SB 303 SB 394

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 693 HB 789 HB 907 HB 912 HB 923 HB 941 HB 962 HB 975

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

HB 788 HB 860 HB 909 HB 913 HB 924 HB 947 HB 963 SB 363

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

Respectfully submitted, /s/ Sims of the 169th
Chairman

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 1442 Do Pass

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 17, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

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DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 904

Monroe County Probate Court; future elections for the office of judge shall be nonpartisan; provide (IGC-Dickey-136th)

Modified Structured Rule

HB 636 HB 824

Brookhaven, City of; provide a charter (Substitute)(GAff-Jacobs-80th) Quality Basic Education Act; calculating equalization grants; revise method (Ed-Dudgeon-24th)

Structured Rule

HB 407

Payment of taxes; population bracket under 2010 census; update (Substitute)(W&M-Teasley-38th)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

The Speaker Pro Tem assumed the Chair.

Pursuant to HR 1221, the House recognized the Greater Atlanta McDonald's Operators Association.

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

Mr. Speaker:

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

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SB 323. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 331. By Senators Shafer of the 48th, Harbison of the 15th, McKoon of the 29th, Goggans of the 7th and Golden of the 8th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of closing protection letters; to provide for definitions; to provide for premiums regarding such letters; to provide for certain reserves; to authorize the Commissioner of Insurance to promulgate rules and regulations with regard to such matters; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 358. By Senators Bulloch of the 11th, Rogers of the 21st, Williams of the 19th, Hill of the 4th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Code Section 50-5-60 of the Official Code of Georgia Annotated, relating to preference to supplies, equipment, materials, and agricultural products produced in Georgia, so as to require this state to reciprocate the preferences granted by out-of-state local governments for vendors within their own states when giving preference to resident vendors of this state; to repeal conflicting laws; and for other purposes.
SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Crosby of the 13th, Carter of the 1st and Albers of the 56th:
A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' so as to provide for a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 388. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 389. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5782), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 392. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Marion County, approved April 18, 2002 (Ga. L. 2002, p. 3794), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3746), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 393. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as

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amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 758. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4557), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for legislative intent; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 759. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Glynn County, approved February 21, 1873 (Ga. L. 1873, p. 256), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3697), so as to provide for the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of the current members; to provide for the manner of election of members and for filling of vacancies; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 764. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3970), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for manner of election; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 765. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 767. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4225), so as to describe new election districts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 768. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4229), so as to provide for commissioner districts from and by which members of the board of commissioners are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 770. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Harris County, approved January 15, 1993 (Ga. L. 1993, p. 3538), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in

FRIDAY, FEBRUARY 17, 2012

997

office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal a specific local Act; to repeal conflicting laws; and for other purposes.
HB 771. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3888), so as to change the description of the commissioner districts; to provide definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 779. By Representatives Harden of the 147th and Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating the laws relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4102), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 783. By Representative Hatchett of the 143rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

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By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 323. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 331. By Senators Shafer of the 48th, Harbison of the 15th, McKoon of the 29th, Goggans of the 7th and Golden of the 8th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of closing protection letters; to provide for definitions; to provide for premiums regarding such letters; to provide for certain reserves; to authorize the Commissioner of Insurance to promulgate rules and regulations with regard to such matters; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 358. By Senators Bulloch of the 11th, Rogers of the 21st, Williams of the 19th, Hill of the 4th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Code Section 50-5-60 of the Official Code of Georgia Annotated, relating to preference to supplies, equipment, materials, and agricultural products produced in Georgia, so as to require this state to reciprocate the preferences granted by out-of-state local governments for vendors within their own states when giving preference to resident vendors of this state; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Crosby of the 13th, Carter of the 1st and Albers of the 56th:

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999

A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' so as to provide for a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 388. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 389. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5782), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 392. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Marion County, approved April 18, 2002 (Ga. L. 2002, p. 3794), as amended, particularly by an Act approved May 30, 2003 (Ga. L.

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2003, p. 3746), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

SB 393. By Senator Goggans of the 7th:

A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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

Representatives Smith of the 70th, Beasley-Teague of the 65th, Sims of the 169th, Coomer of the 14th, Setzler of the 35th, Abrams of the 84th, and Pruett of the 144th.

Representative Sims of the 169th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 800. By Representatives Hatchett of the 143rd, Yates of the 73rd, Amerson of the 9th, Setzler of the 35th, Holcomb of the 82nd and others:

A BILL to be entitled an Act to amend Code Section 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, so as to change certain qualifications for the position of assistant adjutant general; to repeal conflicting laws; and for other purposes.

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

Y Abdul-Salaam Y Abrams Y Allison

N Davis E Dawkins-Haigler N Dempsey

E Heckstall N Hembree
Henson

N McBrayer N McCall N McKillip

N Shaw N Sheldon
Sims, B

FRIDAY, FEBRUARY 17, 2012

1001

N Amerson N Anderson N Ashe Y Atwood
Baker N Battles
Beasley-Teague N Bell Y Benfield N Benton N Beverly N Black N Braddock N Brockway Y Brooks Y Bruce N Bryant Y Buckner Y Burns N Byrd N Carson N Carter N Casas N Channell N Cheokas
Clark, J N Clark, V N Coleman N Collins N Cooke N Coomer
Cooper E Crawford

N Dickerson N Dickey N Dickson Y Dobbs Y Dollar Y Drenner N Dudgeon Y Dukes N Dunahoo N Dutton N Ehrhart
England Y Epps, C Y Epps, J N Evans Y Floyd Y Fludd Y Frazier Y Fullerton N Gardner N Geisinger
Golick N Gordon N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Harrell N Hatchett N Hatfield E Heard

N Hightower N Hill N Holcomb N Holmes N Holt N Horne N Houston N Howard
Hudson Y Hugley N Jackson N Jacobs Y James N Jasperse N Jerguson Y Johnson
Jones, J Y Jones, S N Jordan
Kaiser Kendrick Y Kidd E Knight Lane N Lindsey N Long Y Maddox, B N Maddox, G N Manning Y Marin Y Martin N Maxwell N Mayo

N Meadows Y Mitchell
Morgan Morris Y Mosby Y Murphy Neal, J Neal, Y N Nimmer N Nix Oliver N O'Neal N Pak N Parent N Parrish Y Parsons N Peake N Powell, A N Powell, J Pruett N Purcell N Ramsey N Randall Reece N Rice N Riley N Roberts N Rogers, C N Rogers, T N Rynders E Scott, M Y Scott, S N Setzler

Y Sims, C N Smith, E N Smith, K N Smith, L N Smith, R N Smith, T Y Smyre N Spencer Y Stephens, M N Stephens, R
Stephenson N Talton N Tankersley N Taylor, D
Taylor, R N Taylor, T N Teasley Y Thomas
VACANT Y Waites N Watson N Welch N Weldon Y Wilkerson N Wilkinson N Willard Y Williams, A
Williams, C Y Williams, E Y Williams, R
Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 42, nays 106.

The motion was lost.

Due to a mechanical malfunction, the vote of Representative Beasley-Teague of the 65th was not recorded on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The Speaker Pro Tem announced the House in recess until 10:25 o'clock, this morning.

The Speaker Pro Tem called the House to order.

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

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JOURNAL OF THE HOUSE

HR 1466. By Representatives Peake of the 137th, Randall of the 138th, Dickey of the 136th, Epps of the 140th, Beverly of the 139th and others:
A RESOLUTION recognizing the Kingdom of Denmark and inviting Ambassador Peter Takse-Jensen, Honorary Consul Christopher N. Smith, and Trade Commissioner Carsten Rosendahl to be recognized by the House of Representatives; and for other purposes.
HR 1467. By Representatives Randall of the 138th, Peake of the 137th, Dickey of the 136th, Beverly of the 139th, Epps of the 140th and others:
A RESOLUTION recognizing February 29, 2012, as Macon Day at the state capitol and inviting citizens and public officials from Macon and Bibb County to be recognized by the House of Representatives; and for other purposes.
HR 1468. By Representative Cheokas of the 134th:
A RESOLUTION recognizing February 21, 2012, as Turkish American Day at the capitol and inviting the representatives of the Turkish American community and the Istanbul Center to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1469. By Representatives Epps of the 140th, Peake of the 137th, Dickey of the 136th, Holmes of the 125th, Randall of the 138th and others:
A RESOLUTION recognizing and commending the Tattnall Square Academy Trojans football team on their GISA AAA State Championship; and for other purposes.
HR 1470. By Representative Clark of the 98th:
A RESOLUTION recognizing and commending the Miss Suwanee pageant and past and present winners; and for other purposes.
HR 1471. By Representatives Kendrick of the 94th, Dickerson of the 95th, DawkinsHaigler of the 93rd and Stephenson of the 92nd:
A RESOLUTION recognizing and commending Peek's Chapel Baptist Church; and for other purposes.

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1003

HR 1472. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Mrs. Beverly Weaver on the occasion of her retirement; and for other purposes.
HR 1473. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending the Gilmer High School robotics team; and for other purposes.
HR 1474. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Holly Sloan, Fannin County School System's Teacher of the Year; and for other purposes.
HR 1475. By Representatives Epps of the 140th and Black of the 174th:
A RESOLUTION recognizing and commending the Honorable Gene Maddox on the occasion of his retirement from the Georgia House of Representatives; and for other purposes.
HR 1476. By Representatives Roberts of the 154th, O`Neal of the 146th and Ralston of the 7th:
A RESOLUTION recognizing and commending Mr. Cliff Tankersley on the occasion of his retirement; and for other purposes.
HR 1477. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending David Masiarczyk; and for other purposes.
HR 1478. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending William David Dunaway; and for other purposes.
HR 1479. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Charles Nilsson Brady; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1480. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending James Thomas Kauffmann; and for other purposes.
HR 1481. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Jonathan Ransom Whitfield; and for other purposes.
HR 1482. By Representatives Collins of the 27th, Rogers of the 26th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Victor Herbert West; and for other purposes.
HR 1483. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th and Watson of the 163rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kristin Theresa Herrel of Georgia Institute of Technology on Academic Recognition Day for 2012; and for other purposes.
HR 1484. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd, Ehrhart of the 36th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Alma Guadalupe Castaneda of Gainesville State College on Academic Recognition Day for 2012; and for other purposes.
HR 1485. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Abraham Ortiz of Georgia Highlands College on Academic Recognition Day for 2012; and for other purposes.
HR 1486. By Representatives Rogers of the 26th, Carter of the 175th, Watson of the 163rd, Ehrhart of the 36th and Dempsey of the 13th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kristin Shaw of Georgia Health Sciences University on Academic Recognition Day for 2012; and for other purposes.

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1005

HR 1487. By Representatives Rogers of the 26th, Carter of the 175th, Smyre of the 132nd, Watson of the 163rd, Ehrhart of the 36th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Lakeisha Nashay Hampton of Fort Valley State University on Academic Recognition Day for 2012; and for other purposes.
HR 1488. By Representatives Rogers of the 26th, Carter of the 175th, Cheokas of the 134th, Watson of the 163rd, Ehrhart of the 36th and others:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sunni Ann Zemblowski of Georgia Southwestern State University on Academic Recognition Day for 2012; and for other purposes.
HR 1489. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Julian R. Traas of Georgia Perimeter College on Academic Recognition Day for 2012; and for other purposes.
HR 1490. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Amy Elizabeth Whitaker of University of West Georgia on Academic Recognition Day for 2012; and for other purposes.
HR 1491. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th and Watson of the 163rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kelly Davis of Valdosta State University on Academic Recognition Day for 2012; and for other purposes.
HR 1492. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Courtney Lynn Collins of Kennesaw State University on Academic Recognition Day for 2012; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1493. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Katherine A. Mincey of Georgia Southern University on Academic Recognition Day for 2012; and for other purposes.
HR 1494. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Beth McConnell of Macon State College on Academic Recognition Day for 2012; and for other purposes.
HR 1495. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jenny Lea R. Brooks of Gordon College on Academic Recognition Day for 2012; and for other purposes.
HR 1496. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Alyssa Ailion of Georgia State University on Academic Recognition Day for 2012; and for other purposes.
HR 1497. By Representatives Rogers of the 26th, Carter of the 175th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Nicholas R. Bon of Georgia Gwinnett College on Academic Recognition Day for 2012; and for other purposes.
HR 1498. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Hannah Blake Stute Sadowski of Georgia College and State University on Academic Recognition Day for 2012; and for other purposes.

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HR 1499. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar James Gardner Little of Albany State University on Academic Recognition Day for 2012; and for other purposes.
HR 1500. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Elisabeth Victoria Brown of Armstrong Atlantic State University on Academic Recognition Day for 2012; and for other purposes.
HR 1501. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Shavon Trice of Atlanta Metropolitan College on Academic Recognition Day for 2012; and for other purposes.
HR 1502. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Skylar R. Hendricks of Augusta State University on Academic Recognition Day for 2012; and for other purposes.
HR 1503. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Stephanie Grace Jeffords of Waycross College on Academic Recognition Day for 2012; and for other purposes.
HR 1504. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Laura M. Jones of East Georgia College on Academic Recognition Day for 2012; and for other purposes.

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HR 1505. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kristan Whatley of Bainbridge College on Academic Recognition Day for 2012; and for other purposes.
HR 1506. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Colleen Walters of Clayton State University on Academic Recognition Day for 2012; and for other purposes.
HR 1507. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jody E. Carter of College of Coastal Georgia on Academic Recognition Day for 2012; and for other purposes.
HR 1508. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Heyley Nicole Henderson of Columbus State University on Academic Recognition Day for 2012; and for other purposes.
HR 1509. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Heather Erin Herbert of Darton College on Academic Recognition Day for 2012; and for other purposes.
HR 1510. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Christopher Whaley of Dalton State College on Academic Recognition Day for 2012; and for other purposes.

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HR 1511. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Matthew Sellers of The University of Georgia on Academic Recognition Day for 2012; and for other purposes.
HR 1512. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Isaiah Gober of Southern Polytechnic State University on Academic Recognition Day for 2012; and for other purposes.
HR 1513. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Joshua Gober of Southern Polytechnic State University on Academic Recognition Day for 2012; and for other purposes.
HR 1514. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Esther Braswell of South Georgia College on Academic Recognition Day for 2012; and for other purposes.
HR 1515. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Faith Douglas of Savannah State University on Academic Recognition Day for 2012; and for other purposes.
HR 1516. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Timothy I. Kennell of North Georgia College and State University on Academic Recognition Day for 2012; and for other purposes.

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HR 1517. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Victoria Mullis of Middle Georgia College on Academic Recognition Day for 2012; and for other purposes.
HR 1518. By Representatives Rogers of the 26th, Holmes of the 125th, Dempsey of the 13th, Watson of the 163rd and Ehrhart of the 36th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Brenda N. Doss of Abraham Baldwin Agricultural College on Academic Recognition Day for 2012; and for other purposes.
The Speaker assumed the Chair.
Pursuant to HR 1442, the House commended Consul General Opher Aviran and invited him to be recognized by the House of Representatives.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1442. By Representatives Wilkinson of the 52nd, Ashe of the 56th, Stephens of the 164th, Jacobs of the 80th, Abrams of the 84th and others:
A RESOLUTION commending Consul General Opher Aviran and inviting him to be recognized by the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 407. By Representatives Teasley of the 38th, Setzler of the 35th, Golick of the 34th, Evans of the 40th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to the payment of taxes to county in which returns are made and penalty on delinquent tax payments in each county of this state having a population of not less than 590,000 nor more than 660,000, so as to update the population bracket so that it remains applicable to such counties under the 2010 census; to specify the counties in which certain special provisions apply to the payment of certain taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to the payment of taxes to county in which returns are made and penalty on delinquent tax payments in certain counties, so as to change certain provisions relating to population brackets and census application; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to the payment of taxes to county in which returns are made and penalty on delinquent tax payments in certain counties, is amended by revising subsections (b) and (e) as follows:
"(b) In all counties having a population of not less than 625,000 690,000 nor more than 700,000 800,000 according to the United States decennial census of 2000 2010 or any future such census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty not to exceed 5 percent of the amount of each installment shall be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall become due on October 1 of each year and shall become delinquent if not paid by December 31. A penalty not to exceed 5 percent of the amount of intangible taxes due shall be added to any installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Code Section 48-2-40, but in no event shall an interest payment for delinquent taxes be less than $1.00. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided in this subsection if the county's tax digest is not approved pursuant to Code Section 48-5-271 before July 1 of any year." "(e) In all counties having a population of not less than 595,000 680,000 nor more than 660,000 690,000 according to the United States decennial census of 2000 2010 or any future such census, the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year. A penalty of 5 percent of the tax due shall accrue on taxes not paid on or before October 15 of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and the penalty are paid. The

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tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Nothing contained in this subsection shall be construed to impose any liability for the payment of any ad valorem taxes upon any person for property which was not owned on January 1 of the applicable tax year."

SECTION 2. This Act shall become effective July 1, 2012, in accord with the provisions of subparagraph (d)(2)(D) of Code Section 1-3-1.

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

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick Y Kidd E Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley
Thomas VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Williams, C

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Y Collins Y Cooke Y Coomer Y Cooper E Crawford

Y Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, T Y Rynders E Scott, M Y Scott, S N Setzler

Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 2.

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

Representative Setzler of the 35th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 904. By Representatives Dickey of the 136th and Holmes of the 125th:

A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Monroe County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd N Frazier Y Fullerton

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson Y Jacobs Y James N Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy N Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J

Y Shaw Y Sheldon Y Sims, B
Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T E Teasley
Thomas VACANT

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N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman N Collins Y Cooke N Coomer Y Cooper E Crawford

Y Gardner Y Geisinger Y Golick Y Gordon Y Greene N Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield E Heard

Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E N Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 154, nays 15.

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

Representative Dunahoo of the 25th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

HB 693. By Representative Burns of the 157th:

A BILL to be entitled an Act to amend an Act for the election and creation of a board of commissioners for Screven County, approved December 9, 1871 (Ga. L. 1871-72, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), by an Act approved August 16, 1915 (Ga. L. 1915, p. 345), by an Act approved April 3, 1972 (Ga. L. 1972, p. 3495), and by an Act approved April 1, 2002 (Ga. L. 2002, p. 3650), so as to provide for the election of members of the board of commissioners of Screven County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend an Act for the election and creation of a board of commissioners for Screven County, approved December 9, 1871 (Ga. L. 1871-72, p. 231), as amended, particularly

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by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), by an Act approved August 16, 1915 (Ga. L. 1915, p. 345), by an Act approved April 3, 1972 (Ga. L. 1972, p. 3495), and by an Act approved April 1, 2002 (Ga. L. 2002, p. 3650), so as to provide for the election of members of the board of commissioners of Screven County; to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the filling of vacancies; to provide for qualifications; to provide for the election of a chairperson; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act for the election and creation of a board of commissioners for Screven County, approved December 9, 1871 (Ga. L. 1871-72, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), by an Act approved August 16, 1915 (Ga. L. 1915, p. 345), by an Act approved April 3, 1972 (Ga. L. 1972, p. 3495), and by an Act approved April 1, 2002 (Ga. L. 2002, p. 3650), is amended by revising Section 2 as follows:
"SECTION 2. (a) The board of commissioners of Screven County shall be composed of seven members. For the purpose of electing members of the board of commissioners of Screven County, Screven County shall be divided into seven commissioner districts. One member of the board shall be elected from each district. The districts shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: screvenccsbR-2012 Plan Type: Local Administrator: Screven User: Gina'. (b) For purposes of such plan:
(1) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (c) Any part of Screven County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such

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part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (d) Any part of Screven County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) To be eligible to be elected to membership on the board of commissioners, a person shall be a registered elector of Screven County eligible to vote for members of the General Assembly and shall have resided in Screven County for a period of at least one year immediately preceding the date of such person's election. The members of the board of commissioners shall be elected by the qualified electors voting within their respective commissioner districts. (f) In the event of a vacancy on the board of commissioners for any reason other than the expiration of the term of office, the vacancy shall be filled in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' and the residency requirements set forth in this Act. In the event that a member of the board of commissioners ceases to be a resident of the commissioner district from which such member was elected, a vacancy shall exist and shall be filled in the same manner as other vacancies are filled. (g) At its first meeting each year, the members of the board of commissioners shall elect, by majority vote, one of their members to serve as chairperson for that year and until the election of a chairperson in the subsequent year. A member shall be eligible to succeed himself or herself as a member of the board and also as chairperson of the board. (h) The members of the board of commissioners who were elected at the general election in November 2008 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members of the board of commissioners who were elected at the general election in November 2010 shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (i) The first members of the reconstituted board of commissioners of Screven County from Commissioner Districts 1, 4, and 7 shall be elected at the state-wide general election in 2014. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (j) The first members of the reconstituted board of commissioners of Screven County from Commissioner Districts 2, 3, 5, and 6 shall be elected at the state-wide general election in 2012. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (k) Successors to members elected under subsections (b) and (c) of this section shall be elected at the state-wide general election next preceding the expiration of such terms of

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office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (l) Commissioner Districts 1, 2, 3, 4, 5, 6, and 7 as they existed on January 1, 2012, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. The governing authority of Screven County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the board of commissioners of Screven County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: screvenccsbR-2012 Plan Type: Local Administrator: Screven User: Gina
District 001 Screven County VTD: 25106 - BAY BRANCH 970200: 1004 1033 1035 1036 970300: 1076 VTD: 25107 - HILTONIA VTD: 25108 - SCREVEN REC. VTD: 25109 - GREENHILL CHURCH 970200: 2329 2330 970400:

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1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1055 1077 1078 1197 1198 1199 1200 1201 1202 1203
District 002 Screven County VTD: 25109 - GREENHILL CHURCH 970400: 2064 2065 2074 2075 2076 3000 3001 VTD: 25110 - SR CITIZENS CENTER
District 003 Screven County VTD: 25102 - HUNTERS VTD: 25109 - GREENHILL CHURCH 970400: 1013 1054 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1069 1076 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1131 1140 1176 1177 1182 1185 1186 1188 1189 1190 1191 1192 1193 1195 1196 3025 3026 3027 3045 3047 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4031 4032 4033 4034 4035 4039 4042 4043 4044 4045 4046 4047 4048 4056 970500: 2045 VTD: 25111 - JACKSON FIRE STATION 970400: 1068 1072 1073 1074 1075 1079 1080 1081 1124 1125 1126 1127 1128 1129 1130 1136 1139 1141 1205 970500: 2046 2047 2048 VTD: 25112 - FOY'S STORE 970500: 2057 2059 2061 2062 2063 2069
District 004 Screven County VTD: 25103 - NEWINGTON VTD: 25111 - JACKSON FIRE STATION 970400: 1070 1071 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102

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1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1132 1133 1134 1135 1137 1138 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1183 1184 1187 1194 1204 970500: 1000 1001 1002 1003 1004 1005 1006 1007 1017 1023 1141 1142 1143 1144 1145 1151 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044
District 005 Screven County VTD: 25104 - CULVER'S STORE 970300: 2031 2032 2033 2034 2035 2037 2039 2041 2043 2045 2046 2047 2049 2053 2054 2055 2064 2066 3014 3015 3016 3017 3018 3019 3020 3021 3022 970600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1081 1082 2048 2049 2050 2051 2052 2053 2057 2069 2070 2071 2074 2075 2076 2077 VTD: 25112 - FOY'S STORE 970500: 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1138 1139 1140 2068 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2108 2109 2110 2115 2116 2117 2122 970600: 1065 1066 1079 1080 1083
District 006 Screven County VTD: 25105 - ROCKY FORD

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VTD: 25106 - BAY BRANCH 970200: 1006 1007 1008 1009 1010 1011 1012 1013 1037 1038 1041 1042 1043 1089 1094 1095 1096 1097 1098 1099 1100 1103 1104 970300: 1000 1001 1002 1003 1004 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1081 1082 1083 1084 1103 1104 1106 1107 2056 2057 2058 2060 2061 2062 2063 970400: 2004 2005 2006
District 007 Screven County VTD: 25101 - SYLVANIA VTD: 25104 - CULVER'S STORE 970300: 2030 2036 2038 2040 2042 2044 2048 2050 2051 2052 2059 2065
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 788. By Representative Spencer of the 180th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Camden County, approved March 30, 1987 (Ga. L. 1987, p. 4943), as amended, particularly by an Act approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 232), so as to change the description of the education districts; to provide for inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for the Board of Education of Camden County, approved March 30, 1987 (Ga. L. 1987, p. 4943), as amended, particularly by an Act approved

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August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 232), so as to change the description of the education districts; to provide for inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under 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. An Act providing for the Board of Education of Camden County, approved March 30, 1987 (Ga. L. 1987, p. 4943), as amended, particularly by an Act approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 232), is amended by revising Sections 1 and 2 as follows:
"SECTION 1. The Board of Education of Camden County which existed immediately prior to the effective date of this section is continued in existence but, on and after the effective date of this section, shall be constituted as provided in this Act. The Board of Education of Camden County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this section.
SECTION 2. (a) Those members of the Board of Education of Camden County who are serving as such on the effective date of this section and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this section, the Board of Education of Camden County shall consist of five members all of whom shall be elected from education districts described in subsection (b) of this section. (b) For purposes of electing members of the board of education, the Camden County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: camdenccsbR-2012 Plan Type: Local Administrator: Camden User: Gina'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and

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(B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the Camden County School District which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Camden County School District which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (d) Education Districts 1 through 5, as they exist immediately prior to the effective date of this section, shall continue to be designated as Education Districts 1 through 5, respectively, but as newly described under this Act; and, on and after the effective date of this section, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
SECTION 2. The Board of Education of Camden County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan: camdenccsbR-2012 Plan Type: Local Administrator: Camden User: Gina
District 001 Camden County VTD: 03901 - TARBORO VTD: 03902 - WAVERLY VTD: 03903 - WOODBINE 010200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023

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1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2131 2132 2143 2147 2148 2153 2154 2155 2162 2163 2164 2165 010302: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2075 2076 2077 2078 2079 2080 2081 2082 2087 2090 2091 2093 2097 2107 2108 2109 2183 2187 2188 2191 2192 2193 VTD: 03907 - NORTH KINGSLAND 010200: 2129 2130 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2144 2145 2146 2149 2150 2151 2152 2156 2157 2158 2159 2160 2161 010302: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1094 2072 2073 2074 2083 2084 2085 2086 2088 2089 2092 2094 2095 2133 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2163 2164 2165 2169 2170 2171 2172 2173 2174 2175 2176 2177 2182 2184 2189 VTD: 03908 - KINGSLAND

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010301: 1000 010302: 1066 1089 1090 1091 1092 1093 VTD: 03909 - GROSS ROAD 010401: 3002 3003 3004 3005 3006 3033 3035 3037 3038 3039 3040 3041 3045 3047 3048 3053 3054 010402: 1066
District 002 Camden County VTD: 03903 - WOODBINE 010200: 3002 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3021 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3096 3124 3163 3167 3168 3169 3170 3171 3172 3174 3175 3176 3177 3178 3179 3180 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3247 3248 3249 3251 3252 3253 3255 3256 3257 3258 3259 3272 3314 3315 3316 3317 3330 3331 3332 3333 3334 3335 3336 3337 3351 3364 010602: 1009 1022 VTD: 03905 - HARRIETTS BLUFF VTD: 03909 - GROSS ROAD 010401: 2028 2029 2030 2031 2032 2033 2056 3000 3001 3007 3008 3009 3010 3011 3012 3013 3014 3015 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3036 3042 3043 3044 3046 3049 3050 3051 3052 3055 3056 3057 3059 3060 3061 3062 3063 3064 3066 3069 010402: 1023 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1060 1061 1062 1063 1064 1065 1069 1070 1071 1072 1073 1074 1075 1080 1081 2034 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2068 2070 2071 2072 2073 2085 010403: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

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1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1048 1059 1060 1061 1063 1064 1065 1066 1141 1142 1143 1144 1145 1146 1147 1148 VTD: 03911 - MARY LEE CLARK 010401: 2000 2001 2002 2003 2004 2005 2006 2035 2036 2053 2054 2055 VTD: 03913 - MUSH BLUFF 010401: 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2034 2037 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2057 3016 3017 3058 3065 3067 3068 010403: 1062 1082 1083
District 003 Camden County VTD: 03910 - NORTH SAINT MARY VTD: 03912 - SOUTH SAINT MARY 010500: 2044 2146 2148 2150 010602: 1010 1036 1043 1046 1050 1053 1054 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1156 1157 1158 1165 VTD: 03913 - MUSH BLUFF 010402: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1057 1058 1059 1067 1068 1076 1077 1078 1079 1082 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2035 2036 2039 2062 2063 2064 2065 2066 2067 2069 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2086 2087 2088 2089 2090
District 004 Camden County VTD: 03911 - MARY LEE CLARK 010401: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

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1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 2038 2039 2040 2041 2042 2058 010403: 1074 1084 1103 1104 1105 1106 1107 1108 1109 1110 1119 1120 1121 010601: 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3037 3038 3039 3040 3041 3042 VTD: 03912 - SOUTH SAINT MARY 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 2008 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2053 2054 2055 2056 2057 2058 2059 2061 2062 2063 2064 2065 2066 2067 2068 010602: 1055 1056 VTD: 03914 - WEST SAINT MARY
District 005 Camden County VTD: 03904 - BROWNTOWN VTD: 03906 - WEST KINGSLAND VTD: 03907 - NORTH KINGSLAND 010301: 3000 3001 3002 3003 3004 3005 3006 3007 3030 3031 3037 010302: 2127 2128 2129 2130 2131 2132 2135 2136 2159 2160 2161 2162 2166 2167 2168 VTD: 03908 - KINGSLAND 010301: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048

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1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2050 2053 2054 2088 2089 2090 2091 2098
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 789. By Representative Spencer of the 180th:
A BILL to be entitled an Act to amend an Act to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain officers of Camden County, approved March 25, 2002 (Ga. L. 2002, p. 3609), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain officers of Camden County, approved March 25, 2002 (Ga. L. 2002, p. 3609), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under 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. An Act to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain officers of Camden County, approved March 25, 2002 (Ga. L. 2002, p. 3609), is amended by revising Section 1 as follows:

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"SECTION 1. There is created the board of commissioners of Camden County, hereinafter referred to in this Act as the 'board.' The board shall be composed of five members, one from each district as defined in this Act, elected by the qualified voters voting within each respective district. The members of the board who are serving as such immediately prior to the effective date of this section and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this section, the Board of Commissioners of Camden County shall consist of five members all of whom shall be elected from commissioner districts described in Section 2 of this Act."
SECTION 2. Said Act is further amended by revising Section 2 as follows:
"SECTION 2. (a) For purposes of electing members of the board of commissioners, Camden County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: camdenccsbR-2012 Plan Type: Local Administrator: Camden User: Gina'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Camden County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Camden County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

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(c) Commissioner Districts 1 through 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1 through 5, respectively, but as newly described under this Act; and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 3. The Board of Commissioners of Camden County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: camdenccsbR-2012 Plan Type: Local Administrator: Camden User: Gina
District 001 Camden County VTD: 03901 - TARBORO VTD: 03902 - WAVERLY VTD: 03903 - WOODBINE 010200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117

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2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2131 2132 2143 2147 2148 2153 2154 2155 2162 2163 2164 2165 010302: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2075 2076 2077 2078 2079 2080 2081 2082 2087 2090 2091 2093 2097 2107 2108 2109 2183 2187 2188 2191 2192 2193 VTD: 03907 - NORTH KINGSLAND 010200: 2129 2130 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2144 2145 2146 2149 2150 2151 2152 2156 2157 2158 2159 2160 2161 010302: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1094 2072 2073 2074 2083 2084 2085 2086 2088 2089 2092 2094 2095 2133 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2163 2164 2165 2169 2170 2171 2172 2173 2174 2175 2176 2177 2182 2184 2189 VTD: 03908 - KINGSLAND 010301: 1000 010302: 1066 1089 1090 1091 1092 1093 VTD: 03909 - GROSS ROAD 010401: 3002 3003 3004 3005 3006 3033 3035 3037 3038 3039 3040 3041 3045 3047 3048 3053 3054 010402: 1066
District 002 Camden County VTD: 03903 - WOODBINE

FRIDAY, FEBRUARY 17, 2012
010200: 3002 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3021 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3096 3124 3163 3167 3168 3169 3170 3171 3172 3174 3175 3176 3177 3178 3179 3180 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3247 3248 3249 3251 3252 3253 3255 3256 3257 3258 3259 3272 3314 3315 3316 3317 3330 3331 3332 3333 3334 3335 3336 3337 3351 3364 010602: 1009 1022 VTD: 03905 - HARRIETTS BLUFF VTD: 03909 - GROSS ROAD 010401: 2028 2029 2030 2031 2032 2033 2056 3000 3001 3007 3008 3009 3010 3011 3012 3013 3014 3015 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3036 3042 3043 3044 3046 3049 3050 3051 3052 3055 3056 3057 3059 3060 3061 3062 3063 3064 3066 3069 010402: 1023 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1060 1061 1062 1063 1064 1065 1069 1070 1071 1072 1073 1074 1075 1080 1081 2034 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2068 2070 2071 2072 2073 2085 010403: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1048 1059 1060 1061 1063 1064 1065 1066 1141 1142 1143 1144 1145 1146 1147 1148 VTD: 03911 - MARY LEE CLARK 010401: 2000 2001 2002 2003 2004 2005 2006 2035 2036 2053 2054 2055 VTD: 03913 - MUSH BLUFF 010401: 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2034 2037 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2057 3016 3017 3058 3065 3067 3068 010403:

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1062 1082 1083
District 003 Camden County VTD: 03910 - NORTH SAINT MARY VTD: 03912 - SOUTH SAINT MARY 010500: 2044 2146 2148 2150 010602: 1010 1036 1043 1046 1050 1053 1054 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1156 1157 1158 1165 VTD: 03913 - MUSH BLUFF 010402: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1057 1058 1059 1067 1068 1076 1077 1078 1079 1082 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2035 2036 2039 2062 2063 2064 2065 2066 2067 2069 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2086 2087 2088 2089 2090
District 004 Camden County VTD: 03911 - MARY LEE CLARK 010401: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 2038 2039 2040 2041 2042 2058 010403: 1074 1084 1103 1104 1105 1106 1107 1108 1109 1110 1119 1120 1121 010601: 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3037 3038 3039 3040 3041 3042 VTD: 03912 - SOUTH SAINT MARY 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1033 1034 1035 1036 1037 1038 1039 1040

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1041 1042 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 2008 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2053 2054 2055 2056 2057 2058 2059 2061 2062 2063 2064 2065 2066 2067 2068 010602: 1055 1056 VTD: 03914 - WEST SAINT MARY
District 005 Camden County VTD: 03904 - BROWNTOWN VTD: 03906 - WEST KINGSLAND VTD: 03907 - NORTH KINGSLAND 010301: 3000 3001 3002 3003 3004 3005 3006 3007 3030 3031 3037 010302: 2127 2128 2129 2130 2131 2132 2135 2136 2159 2160 2161 2162 2166 2167 2168 VTD: 03908 - KINGSLAND 010301: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2050 2053 2054 2088 2089 2090 2091 2098
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 860. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th:
A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), as

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amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4340), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4340), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4340), is amended by revising Section 1 as follows:
"SECTION 1. (a) The Board of Education of Lowndes County, referred to in this Act as the 'board,' shall be composed of seven members to be elected as provided for in this Act. For the purpose of electing members of the board, the Lowndes County School District shall be divided into seven education districts which shall correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: lowndessbR-2012 Plan Type: local Administrator: lowndes sb User: SE'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and

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(B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Lowndes County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Lowndes County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c) No territory within the territorial boundaries of any independent school district shall be included within the boundaries of any of said educational districts."
SECTION 2. Said Act is further amended by revising subsection (d) of Section 3 as follows:
"(d) Education Districts 1, 2, 3, 4, 5, 6, and 7 as they existed on the day immediately preceding the effective date of this subsection shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this Act, and, on and after the effective date of this subsection, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under Section 1."
SECTION 3. The Board of Education of Lowndes County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: lowndessbR-2012 Plan Type: local Administrator: lowndes sb User: SE
District 001 Lowndes County VTD: 18504 - MT OLIVE CHURCH

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010101: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1029 1030 1031 1032 1033 1034 1035 1036 1037 010102: 4000 4002 4003 4004 010202: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3019 3024 3025 3026 3027 3028 3029 3038 3039 3043 3044 3053 3054 3079 VTD: 18507 - PINE GROVE CHURCH 010101: 1027 1028 1038 1039 1040 1041 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2050 2051 010102: 4001 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4017 4025 4026 4027 4028 4056 010202: 3055 3056 3067 3072 3073 3074 3075 3082 VTD: 18508 - WATER TMT PLANT 010102: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1031 1034 1037 1038 1039 1040 1041 2004 2005 2006 2015 2016 4015 4016 4018 4019 4020 4021 4022 4023 4024 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 VTD: 18513 - JAYCEE PARK ACT 010102: 1032 1033
District 002 Lowndes County VTD: 18501 - SHILOH FIRE STATION 010201: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1065 1066 1067 1074 1075 1076 1078 1080 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

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2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2033 2034 2035 2036 2037 2038 2041 2056 2057 2058 2062 2063 2064 2065 VTD: 18502 - NEWSOME ST CHURCH 010201: 1000 1001 1002 1003 1017 1018 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1068 1069 1070 1071 1072 1073 1077 1079 1081 010202: 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1072 1073 1074 1075 1076 1078 1080 1084 2016 2020 2021 2035 2036 2037 2038 2039 2040 2041 2042 2067 2068 2077 2078 2079 2080 2081 2082 2083 2084 2085 2090 2091 2092 2093 2094 2096 2097 2098 2099 4010 4011 VTD: 18503 - HAHIRA UNITED METHODIST VTD: 18516 - WESTMINSTER PRE 010202: 4013 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4049 4050 4056 4057 6000
District 003 Lowndes County VTD: 18524 - RAINWATER CONFERENCE CENTER 011401: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1015 1016 1018 1019 1020 1021 1022 1024 1027 1028 1029 1030 1031 1033 1034 1040 1041 VTD: 18528 - MT ZION CHURCH VTD: 18529 - PAPERMILL UNION 011403: 1000 1003 1058 1059 1060 1061 1062 1064 1065 1066 1067 1070 1071 1072 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043

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3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3075 3076 3077 3078
District 004 Lowndes County VTD: 18514 - NAYLOR CITY HALL VTD: 18515 - SENIOR CITIZENS 010700: 2025 2026 2027 2028 2029 2030 2031 2032 2033 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2069 2072 2073 2077 2083 2089 3007 3008 010800: 3002 3004 3005 3013 3018 3019 3020 3021 3023 3032 3033 3089 VTD: 18531 - LOMAX PINEVALE 010800: 1033 1034 VTD: 18533 - AIRPORT CHURCH 010700: 3006 3009 3010 3011 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 010800: 3024 3025 3027 3031 3034 3035 3038 3039 3040 3042 3043 3074 3075 3077 011500: 1004 1005 VTD: 18534 - DASHER CITY HALL 011500: 1009 1010 1011 1012 1013 1014 1015 1016 1017 2000 2001 2002 2003 2004 2005 2006 2007 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2053 2054 2071 3000 3001 3002 3003 3021 3022 3031 3032 011600: 1000 1001 1002 1004 1005 1006 VTD: 18535 - MT PLEASANT CHURCH VTD: 18536 - S LOWNDES REC CENTER 011600: 1069 2082 2083 2092 2095 2098 2099 2106 2107 VTD: 18537 - LAKE PARK CIVIC 010700: 3048 3049 011500: 1036 1038

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011600: 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1037 1038 1039 1040 1044 1061 1066 1067 1068 1070 1071 1072 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1097 1100 1101 1103 1104 1105 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2072 2074 2075 2076 2077 2078 2084 2086 2088 2105 2113 2114
District 005 Lowndes County VTD: 18525 - AZALEA CITY CHURCH 011301: 2004 VTD: 18526 - REMERTON CITY HALL 011301: 2000 2001 2002 2003 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2017 VTD: 18529 - PAPERMILL UNION 011403: 3063 3074 4019 4020 4031 4033 4034 4040 4041 VTD: 18530 - SOUTHSIDE REC C 011402: 2016 2017 2018 2019 2040 2041 2047 2051 2052 2053 2081 VTD: 18533 - AIRPORT CHURCH 010800: 3069 3079 3084 3085 3086 011402: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1014 1015 1016 1017 1018 1020 1022 1023 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1055 1057 1058 1059 1060 1061 1062 1063 1064 2025 2026 2031 2032 2033 2035 2036 2038 2039 2064 2068 2069 2070 2072 2073 2076 2077 2082 2084 2085 011403: 2000 2006 2014 2015

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011500: 1006 1007 1008 1018 1019 1020 1021 1022 1023 1026 2014 2015 2016 2017 2018 2019 2020 2021 2025 2026 2027 2072 VTD: 18534 - DASHER CITY HALL 011403: 2032 2033 3000 011500: 2008 2009 2010 2011 2012 2013 2022 2023 2024 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 3024 3025 3026 3027 3028 3029 3030 3033 011600: 1048 VTD: 18536 - S LOWNDES REC CENTER 011403: 3002 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4032 4035 4036 4037 4038 4039 4042 4043 4044 011600: 1003 1035 1036 1041 1042 1043 1045 1046 1047 1049 1050 1051 1052 1053 1054 1055 1057 1058 1059 1060 1064 1065 1102 2070 2071 2073 2079 2080 2081 2089 2090 2091 2093 2094 2096 2100 2101 2102 2103 2104 2109 2110 2111 2112 2115 2116 VTD: 18537 - LAKE PARK CIVIC 011600: 1056 1062 1063 1073 1095 1096 1098 1099 1106 2085 2087 2097 2108
District 006 Lowndes County VTD: 18507 - PINE GROVE CHURCH 010103: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2028 2029 2030 2044 2045 2047 2048 VTD: 18508 - WATER TMT PLANT 010102: 1029 1030 1035 1036 2000 2001 2002 2003 2007 2008 2009 2010 2011 2012 2013 2017 2018 3000 3001 3002 3003 3004 3005 3006

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3007 3008 3009 3010 3011 3012 3015 3017 3018 3021 010604: 2007 2016 3001 3011 3015 3023 3024 3025 3036 VTD: 18509 - TRINITY PRESBYTARIAN 010301: 1003 1004 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1024 1025 1030 1032 VTD: 18510 - MT ZION A.M.E. 010301: 3000 3001 3002 3003 3005 3006 3007 3008 3009 3010 3015 010604: 2026 2027 2028 2054 2055 2056 VTD: 18513 - JAYCEE PARK ACT 010604: 2000 2001 2003 2004 2005 2006 2009 2011 2014 2015 2018 2024 2025 2031 2035 2036 2037 2038 2039 2044 2045 2046 2047 2049 2057 2058 3016 3017 3018 3019 3020 3021 3022 3029 3030 3031 3033 3034 3037 3039 3040 3041 3042 VTD: 18515 - SENIOR CITIZENS 010700: 2057 2058 2063 2064 2065 2068 2070 VTD: 18517 - MATHIS AUDITORIUM 010601: 1007
District 007 Lowndes County VTD: 18501 - SHILOH FIRE STATION 010201: 2026 2032 2039 2040 2052 2053 2054 2055 2059 010202: 4012 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 VTD: 18502 - NEWSOME ST CHURCH 010202: 1048 1049 1051 1065 1066 1067 1068 1069 1070 1071 1081 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2073 2074 2075 2076 2086 2087 2088 2089 2095 VTD: 18504 - MT OLIVE CHURCH 010202: 3040 3041 3042 3060 3061 3062

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VTD: 18506 - GORNTO RD COMMUNITY 010201: 2043 2044 2045 2046 2047 2048 2049 010202: 6019 6020 011200: 1005 1008 1014 1017 011401: 2000 2001 2002 2003 2004 2005 2006 2037 VTD: 18507 - PINE GROVE CHURCH 010101: 2035 2047 2048 2049 2052 010103: 2000 2001 2002 2021 2022 010202: 3057 3058 3059 3063 3064 3065 3066 3068 3069 3070 3071 4000 4001 4002 4014 4015 4016 4043 4044 4048 VTD: 18508 - WATER TMT PLANT 010102: 3016 010604: 3014 VTD: 18509 - TRINITY PRESBYTARIAN 010103: 2003 2004 2005 2023 2024 2031 2040 2041 2042 2043 2049 010202: 4053 4054 4055 010301: 1000 1002 2006 VTD: 18516 - WESTMINSTER PRE 010202: 4041 4042 4045 4046 4047 4051 4052 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6021 6022 6023 6024 010302: 1001 1007 2007 2008 2024 011200: 1015 VTD: 18524 - RAINWATER CONFERENCE CENTER 010201: 2060 2061 011401: 1000 1038 1042 1043 1044 1045 2014 2015 2016 2017 2021 2025

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2027 2028 2030 2032 2033 2034 2035 VTD: 18529 - PAPERMILL UNION 011401: 1046 2024 2026
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 907. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 4030), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 909. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act establishing a system of public schools in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4007), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act establishing a system of public schools in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4007), so as to change the description of

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the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing a system of public schools in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4007), is amended by revising subsections (c), (d), and (h) of Section 17.1 as follows:
"(c) For purposes of electing members of the board of education, other than the chairperson, the school district of the independent school system of the City of Jefferson is divided into five education districts. One member of the board shall be elected from each such district. Those districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: cityofjeffsbimport-2012 Plan Type: Local Administrator: City of Jefferson SB User: Shantee'.
(d)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of the City of Jefferson School District which is not included in any district described in subsection (c) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of Jefferson School District which is described in subsection (c) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." "(h)(1) The members of the board of education in office on the effective date of this section shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act.

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(2) The first members of the board of education of the independent school system of the City of Jefferson from Education Districts 1, 3, and 5 as newly described in this section shall be elected at the general municipal election in 2015. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. The first members of the board of education of the independent school system of the City of Jefferson from Education Districts 2 and 4 as newly described in this section shall be elected at the general municipal election in 2013. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (3) Successors to members elected under paragraph (2) of this subsection shall be elected at the general municipal election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (4) Education Districts 1, 2, 3, 4, and 5, as they existed on the effective date of this subsection, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section, and, on and after the effective date of this subsection, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
SECTION 2. The Board of Education of the City of Jefferson shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan: cityofjeffsbimport-2012 Plan Type: Local Administrator: City of Jefferson SB User: Shantee
District 001 Jackson County VTD: 1570428 - CUNNINGHAM 010101: 1000 1001 1002 1003 1004 1005 2090 2091 2092 2093 2094 2096 2097 010200: 2047 2071 2074 2075 2076 2077 2083 2084 2085 2086

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010702: 1034 1072 1074 3000 3001 3003 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 VTD: 157N0245 - JEFFERSON 010200: 2078 2079 010702: 1032 1033 1036 1037 1059 1060 1061 1062 1067 1068 1069 1075 2000 2001 2002 2003 2004 2017 2018 2019 2020 2028 3017 3021 3022 3023 3025 3029 3030 3031 3032 3033 3034 3035
District 002 Jackson County VTD: 1570257 - HARRISBURG 010701: 1024 1025 1027 2027 2029 2051 2052 VTD: 157N0245 - JEFFERSON 010702: that portion of 1078 located southerly of unnamed creek 1079 1080 1081 1082 1083 1084 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 2027 2029 2030 2031 VTD: 157S0245 - JEFFERSON 010600: 1017 1020 1021 1022 1023 1024 1025 1027 1037 010702: 2084
District 003 Jackson County VTD: 157N0245 - JEFFERSON 010702: 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2023 2024 2025 2026 2032 2040 2041 2042 2043 2047 2048 2111 VTD: 157S0245 - JEFFERSON 010600: 1028 1030 1031 1032 1033 1036 010702: 2044 2045 2046 2049 2050 2051 2052 2053 2054 2055 2056 2057 2059 2061 2063 2064 2065 2069 2070 2072 2073 2076 2077 2079 2080 2081 2082 2085 2087 2088 2089 2091 2092 2093 2094 2095 2098 2099 3060

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District 004 Jackson County VTD: 157N0245 - JEFFERSON 010702: 2033 2034 2035 2036 2037 2075 3038 3041 3042 3043 3044 3045 3048 3049 3050 3051 3052 3056 3057 3065 3066 3070 3079 3080 3081 3082 3084 010703: 1002 VTD: 157S0245 - JEFFERSON 010702: 2038 2101 2103 3054 3061 3062 3063 010703: 1003 1070
District 005 Jackson County VTD: 1570257 - HARRISBURG 010701: 2014 2030 2033 2034 2035 2036 2039 2042 2043 2044 2046 2047 2048 2049 2050 VTD: 1570428 - CUNNINGHAM 010200: 2039 2070 2081 VTD: 1570455 - MILLER 010200: 2040 2051 2060 2068 2069 010702: 1005 1007 1008 1046 1047 1098 VTD: 157N0245 - JEFFERSON 010702: 1009 1011 1012 1014 1015 1016 1017 1018 1019 1021 1023 1024 1026 1027 1028 1039 1040 1041 1042 1045 1050 1051 1052 1053 1055 1057 1058 1077 that portion of 1078 located northerly of unnamed creek 1085
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 912. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th:

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A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3973), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3973), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3973), is amended by revising Section 1 as follows:
"SECTION 1. (a) The Board of Education of Columbia County shall be composed of five members to be elected as provided in this Act. For the purposes of electing members of the board of education, Columbia County is divided into four education districts. The four education districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: columbiaccsb-2012 Plan Type: Local Administrator: Columbia User: Gina'. The chairperson of the board shall be elected by the electors of the entire county.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a

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district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the Columbia County School District which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Columbia County School District which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. (a) Those members of the Board of Education of Columbia County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, 3, and 4, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.
SECTION 3. The Board of Education of Columbia County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: columbiaccsb-2012 Plan Type: Local Administrator: Columbia

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User: Gina
District 001 Columbia County VTD: 073100 - AUGUSTA CHRISTIAN 030106: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 VTD: 073105 - STEVENS CREEK VTD: 073106 - SAVANNAH RAPIDS VTD: 073107 - GOSPEL WATER VTD: 073108 - AUGUSTA CHRISTIAN VTD: 073109 - STEVENS CREEK VTD: 073111 - LAKESIDE MIDDLE VTD: 073131 - RIVERSIDE BAPTIST VTD: 073132 - WESLEY METHODIST 030309: 3000 3001 4001 4003 4009 4010 4011 4012 4013 4014 4015 4020 4026 VTD: 073134 - COL CTY MAIN LIBRARY VTD: 073135 - BIBLE CATHEDRAL VTD: 073136 - BLUERIDGE ELEMENTARY VTD: 073137 - CHRIST THE KING
District 002 Columbia County VTD: 073016 - WOODLAWN BAPT CHURCH 030302: 4000 4001 4002 4003 4004 4005 4012 4013 4014 4015 4016 4017 4019 4020 4021 4022 4023 VTD: 073070 - BLANCHARD PARK VTD: 073074 - MTZ COL FIRE DEPARTMENT VTD: 073075 - BROOKWOOD ELEMENTARY VTD: 073076 - MARVIN METHODIST VTD: 073080 - WESTSIDE BAPT CHURCH VTD: 073085 - TRINITY BAPT CHURCH VTD: 073090 - ABILENE BAPTIST VTD: 073100 - AUGUSTA CHRISTIAN 030106: 2016 2017 2018 VTD: 073110 - MTZ COL FIRE HD VTD: 073115 - MARTINEZ BAPTIST

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VTD: 073120 - GOLD CROSS EMS 030201: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1025 1026 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 073125 - CHURCH OF OUR SAVIOUR
District 003 Columbia County VTD: 073015 - LEWIS METHODIST VTD: 073016 - WOODLAWN BAPT CHURCH 030306: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 VTD: 073050 - BURKS MOUNT FIRE VTD: 073051 - DAMASCUS BAPT CHURCH VTD: 073060 - COL CTY BOARD VTD: 073061 - GREENBRIER HIGH VTD: 073062 - PARKWAY BAPT CHURCH VTD: 073063 - RIVERSIDE ELEMENTARY VTD: 073064 - GRACE BAPTIST CHURCH VTD: 073065 - EVANS SANCTIFIED VTD: 073120 - GOLD CROSS EMS 030306: 2000 VTD: 073130 - WEST ACRES BAPTIST VTD: 073132 - WESLEY METHODIST 030308: 1005 1022 1023
District 004 Columbia County VTD: 073010 - KIOKEE BAPT CHURCH VTD: 073020 - HARLEM MIDDLE SCHOOL VTD: 073021 - HARLEM BAPTIST VTD: 073025 - BESSIE THOMAS VTD: 073026 - PHILADELPHIA CHURCH VTD: 073030 - GROVETOWN CITY VTD: 073031 - GROVETOWN METHODIST VTD: 073032 - G A APOSTOLIC CHURCH VTD: 073033 - GROVETOWN MIDDLE VTD: 073040 - EUBANK/BLANCHARD

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 913. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4565), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4565), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4565), is amended by revising subsections (b) and (c) of Section 1 as follows:
"(b) For the purpose of electing members of the board, with the exception of the board chairperson who shall be elected county wide, Columbia County is divided into four commissioner districts. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: columbiaccsb-2012 Plan Type: Local Administrator: Columbia User: Gina'.
(c)(1) For the purposes of such plan:

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(A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Columbia County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Columbia County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. (a) Those members of the Board of Commissioners of Columbia County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Commissioner Districts 1, 2, 3, and 4, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.
SECTION 3. The Board of Commissioners of Columbia County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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Plan: columbiaccsb-2012 Plan Type: Local Administrator: Columbia User: Gina
District 001 Columbia County VTD: 073100 - AUGUSTA CHRISTIAN 030106: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 VTD: 073105 - STEVENS CREEK VTD: 073106 - SAVANNAH RAPIDS VTD: 073107 - GOSPEL WATER VTD: 073108 - AUGUSTA CHRISTIAN VTD: 073109 - STEVENS CREEK VTD: 073111 - LAKESIDE MIDDLE VTD: 073131 - RIVERSIDE BAPTIST VTD: 073132 - WESLEY METHODIST 030309: 3000 3001 4001 4003 4009 4010 4011 4012 4013 4014 4015 4020 4026 VTD: 073134 - COL CTY MAIN LIBRARY VTD: 073135 - BIBLE CATHEDRAL VTD: 073136 - BLUERIDGE ELEMENTARY VTD: 073137 - CHRIST THE KING
District 002 Columbia County VTD: 073016 - WOODLAWN BAPT CHURCH 030302: 4000 4001 4002 4003 4004 4005 4012 4013 4014 4015 4016 4017 4019 4020 4021 4022 4023 VTD: 073070 - BLANCHARD PARK VTD: 073074 - MTZ COL FIRE DEPARTMENT VTD: 073075 - BROOKWOOD ELEMENTARY VTD: 073076 - MARVIN METHODIST VTD: 073080 - WESTSIDE BAPT CHURCH VTD: 073085 - TRINITY BAPT CHURCH VTD: 073090 - ABILENE BAPTIST VTD: 073100 - AUGUSTA CHRISTIAN 030106:

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2016 2017 2018 VTD: 073110 - MTZ COL FIRE HD VTD: 073115 - MARTINEZ BAPTIST VTD: 073120 - GOLD CROSS EMS 030201: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1025 1026 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 073125 - CHURCH OF OUR SAVIOUR
District 003 Columbia County VTD: 073015 - LEWIS METHODIST VTD: 073016 - WOODLAWN BAPT CHURCH 030306: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 VTD: 073050 - BURKS MOUNT FIRE VTD: 073051 - DAMASCUS BAPT CHURCH VTD: 073060 - COL CTY BOARD VTD: 073061 - GREENBRIER HIGH VTD: 073062 - PARKWAY BAPT CHURCH VTD: 073063 - RIVERSIDE ELEMENTARY VTD: 073064 - GRACE BAPTIST CHURCH VTD: 073065 - EVANS SANCTIFIED VTD: 073120 - GOLD CROSS EMS 030306: 2000 VTD: 073130 - WEST ACRES BAPTIST VTD: 073132 - WESLEY METHODIST 030308: 1005 1022 1023
District 004 Columbia County VTD: 073010 - KIOKEE BAPT CHURCH VTD: 073020 - HARLEM MIDDLE SCHOOL VTD: 073021 - HARLEM BAPTIST VTD: 073025 - BESSIE THOMAS VTD: 073026 - PHILADELPHIA CHURCH VTD: 073030 - GROVETOWN CITY VTD: 073031 - GROVETOWN METHODIST VTD: 073032 - G A APOSTOLIC CHURCH

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VTD: 073033 - GROVETOWN MIDDLE VTD: 073040 - EUBANK/BLANCHARD
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 923. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd:
A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 924. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd:
A BILL to be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3756), so as to change the description of the school board districts; to provide for definitions and inclusions; to provide for the continuation of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 941. By Representatives O`Neal of the 146th, Talton of the 145th, Harden of the 147th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L.

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2002, p. 5590), so as to change the description of the education districts; to provide definitions and inclusions; to provide for the continuance in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act reconstituting the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5590), so as to change the description of the education districts; to provide definitions and inclusions; to provide for the continuance in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act reconstituting the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5590), is amended by revising Section 3 as follows:
"SECTION 3. (a) For the purpose of electing members of the board of education, the Houston County School District shall be divided into five education districts. Education Districts 1 through 5 shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: houstonsbR-2012 Plan Type: Local Administrator: Houston User: Gina'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.

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(2) Any part of the Houston County School District which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Houston County School District which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. Said Act is further amended by revising Section 4 as follows:
"SECTION 4. (a) All members of the board of education serving in office on the effective date of this section shall continue to serve until the expiration of the terms for which they were elected and until their respective successors are elected and qualified unless otherwise removed from office as provided by the Constitution and laws of this state. (b) The at-large offices of the reconstituted Board of Education of Houston County shall be designated as Post 6 and Post 7. The member of the board of education from at-large Post 6 shall be elected at the nonpartisan general election in 2014. The member of the board of education from at-large Post 7 shall be elected at the nonpartisan general election in 2012. The members of the reconstituted board of education shall be elected to Posts 6 and 7 by the electors of the entire school district. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (c) The members of the reconstituted Board of Education of Houston County from Education Districts 2 and 4 shall be elected at the nonpartisan general election in 2014. Each candidate for membership on the board from such education district shall be elected by a majority vote of only the qualified voters of such district voting in such election. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) The members of the reconstituted Board of Education of Houston County from Education Districts 1, 3, and 5 shall be elected at the nonpartisan general election in 2012. Each candidate for membership on the board from such education district shall be elected by a majority vote of only the qualified voters of such district voting in such election. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (e) Successors to members elected under subsections (b), (c), and (d) of this section shall be elected at the nonpartisan general election next preceding the expiration of terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified.

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(f) All members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A. (g) Those members of the Board of Education of Houston County who are serving as such immediately prior to the effective date of this section, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. Education Districts 1 through 5, as they exist immediately prior to the effective date of this section, shall continue to be designated as Education Districts 1 through 5, respectively, but as newly described under Section 3 of this Act, and on and after the effective date of this section, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under Section 3 of this Act. (h) At the first meeting of the board in January of each year, the members of the board shall elect their chairperson and other officers to serve for a term of one year as provided by the policy and rules of the board. The board shall provide in its rules for filling a vacancy in the chairperson's office. The vice chairperson selected by the board shall preside at board meetings in the absence of the chairperson and shall have the same right to vote while so presiding as any other member but shall have no other powers of the chairperson. (i) A majority of the board of education shall constitute a quorum for the transaction of business."
SECTION 3. The Board of Education of Houston County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan: houstonsbR-2012 Plan Type: Local Administrator: Houston User: Gina

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District 001 Houston County VTD: 153CENT - CENT VTD: 153ELBC - ELBC 020106: 1000 1001 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1092 1093 1094 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 VTD: 153FMMS - FMMS 021113: 3010 3011 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3035 3036 3042 VTD: 153MALL - MALL 020108: 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2042 2043 2045 3000 3001 3002 3003 3005 3007 3008 3010 3011 3012 3013 3014 3015 020200: 2002 2003 2004 2005 2006 2007 2008 2009 2010 2015 2016 2017 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 VTD: 153NSES - NSES VTD: 153NSMS - NSMS 020105: 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1028 1029 1030 1033 3000 3001 3002 3003 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 020108: 2041 2044 2046 VTD: 153NSSH - NSSH 020200: 1006 1007 1012 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 020300: 4027 020400:

FRIDAY, FEBRUARY 17, 2012
1002 020900: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3016 VTD: 153TMS - TMS 020108: 3004 3006 3009 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3043 3044 3045 3046 3047 3048 3049 3050 3051 3055 3056 3057 3058 3059 3060 3061 3062 020109: 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1077 1078 1079 2043 2044 2045 2046 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 021104: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 2022 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2049 2050 2051 2052 2053 2054 2055 2079 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 021113: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012
District 002 Houston County VTD: 153ANNX - ANNX VTD: 153FMMS - FMMS 021108: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 021113: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083

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1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2144 2149 2150 2151 2152 2162 3037 3038 3039 3040 3041 3044 3045 3046 3047 VTD: 153HCHS - HCHS 021201: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1062 1063 1090 VTD: 153MCMS - MCMS 021113: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2145 2146 2147 2148 2153 2154 2155 2156 2157 2158 2159 2160 2161 VTD: 153QRUN - QRUN VTD: 153TWPK - TWPK
District 003 Houston County VTD: 153HAFS - HAFS VTD: 153HCHS - HCHS 021201: 1009 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1094 1095 1096 1097 1098 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1148 1151 2000 2001 2002 VTD: 153HEFS - HEFS VTD: 153KATH - KATH 021103: 3090 3097 4007 4008 4009 4010 4011 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 021108: 1036 1046 1049 1058 1059 1064 1065 1066 1067 1068

FRIDAY, FEBRUARY 17, 2012
021400: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4153 4156 4161 4163 4164 4166 4167 4168 4169 4182 021500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1032 1033 1034 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1097 1098 1099 1100 1101 1102 1103 1104 1107 1108 1109 1110 1111 1112 1113 1114 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1149 1150 1151 1152 1223 1224 1225 1226 VTD: 153MCMS - MCMS 021201: 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1076 1144 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 VTD: 153ROZ1 - ROZ1 VTD: 153ROZ2 - ROZ2
District 004 Houston County VTD: 153ELBC - ELBC 020200: 1000 020300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 4000 4001 4002 4003 4004 4005 4006 4008 4009

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4010 4011 4012 4013 4014 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 020400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2027 2049 2050 2051 2052 2053 2054 2055 2057 VTD: 153MALL - MALL 020200: 2000 2001 2011 2012 2013 2014 VTD: 153MILL - MILL VTD: 153NSMS - NSMS 020105: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1025 1026 1027 1031 1032 1034 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 3004 3009 VTD: 153NSSH - NSSH 020200: 1001 1002 1003 1004 1005 1008 1009 1010 1011 1013 1014 1027 1031 020300: 3013 3014 4007 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4028 4029 4030 4031 4032 020900: 1000 3013 3014 3015 3017 3018 3019 3020 4000 4001 4002 4003 4004 4005 VTD: 153RECR - RECR 020400: 1000 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 2022 2023 2024 2025 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2056 020700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024

FRIDAY, FEBRUARY 17, 2012
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 020800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 021105: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 VTD: 153TMS - TMS 020900: 4008 021000: 2000 2001 2002 2003 2004 2017 2019 2020 2021 2022 2025 2026 2027 2028 2029 2030 2031 021104: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 4000 4001 4002 4003
District 005 Houston County VTD: 153BMS - BMS VTD: 153BON - BON VTD: 153HCHS - HCHS 021201: 1061 1083 1084 1085 1086 1087 1088 1089 1091 1092 1093 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1145 1146 1147 VTD: 153HCTC - HCTC VTD: 153KATH - KATH 021103: 4000 4001 4002 4003 4004 4005 4006 4012 4013 4026 4027 4028 021500: 1031 1038 VTD: 153MAES - MAES

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VTD: 153RECR - RECR 020600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 947. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved March 10, 2008 (Ga. L. 2008, p. 3531), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 962. By Representatives Randall of the 138th, Beverly of the 139th, Epps of the 140th and Holmes of the 125th:

FRIDAY, FEBRUARY 17, 2012

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A BILL to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act establishing a Board of Commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing a Board of Commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, is amended by striking subsection (a) of Section 1 and inserting in lieu thereof the following:
"(a)(1) There is created the board of commissioners of Bibb County to be elected as provided in this section. For the purpose of electing members of the board, Bibb County is divided into four commissioner districts. The four commissioner districts shall be and correspond to those numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: bibbccR-2012 Plan Type: Local Administrator: Bibb CC User: Gina'. (2) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (3) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Bibb County which is not included in any district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

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(4) Any part of Bibb County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (5) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."
SECTION 2. The Board of Commissioners of Bibb County which exists on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Commissioners of Bibb County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2013.
SECTION 3. It shall be the duty of the governing authority of Bibb County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. The provisions of this section and Section 1 of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Bibb County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan: bibbccR-2012 Plan Type: Local Administrator: Bibb CC User: Gina
District 001 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM4 - EAST MACON 4

FRIDAY, FEBRUARY 17, 2012
VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021GF1 - GODFREY 1 010500: 1005 1006 1007 1008 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1034 1035 1036 1037 2009 2010 2011 010800: 1070 1071 011500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 013700: 1059 1060 1061 1065 1066 1067 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1098 1107 1110 1112 1117 1118 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 2012 2021 2022 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 013900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1098 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1224 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 VTD: 021GF2 - GODFREY 2 011500:

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2013 2014 2021 2022 2023 2024 2025 2027 2028 2032 2033 2034 2041 2042 2043 2044 2045 2046 2050 2051 2052 2053 2055 012700: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 012800: 2000 2001 2002 2003 2004 2005 3000 3001 012900: 2000 2001 2002 2003 2004 2009 2010 2011 2033 013900: 1075 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1172 1173 1174 1175 1176 1177 1178 1202 1220 1221 1222 1223 1225 1227 VTD: 021GF4 - GODFREY 4 012900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 2005 2006 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 013900: 1152 1153 1154 1170 1171 1179 1180 1181 1182 1183 1184 1185 1187 1188 1191 1226 VTD: 021RU2 - RUTLAND 2 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV8 - VINEVILLE 8 011900: 1000 1001 1002 1003 1004 1005 1006 3000 3001 3002 3003 3005 3006 3007 3008 3009 3011 3015 3016 3017 3018 3022 3023 3024
District 002 Bibb County VTD: 021GF1 - GODFREY 1 010200: 3019 010300: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029

FRIDAY, FEBRUARY 17, 2012
1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 010400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 2034 010500: 1000 1001 1002 1003 1009 1010 1011 1012 1013 1014 1032 1033 2000 2001 2002 2003 2004 2005 2006 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 011500: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2036 2037 2038 2039 2040 2047 2048 2049 2056 2057 013700: 2009 2017 2018 2019 2035 VTD: 021GF2 - GODFREY 2 011500: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2016 2017 2018 2019 2020 2026 2029 2030 2031 2035 2054 012800: 2006 2007 2008 2009 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 VTD: 021GF3 - GODFREY 3 VTD: 021GF4 - GODFREY 4 012700: 2006 2007 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 012800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 013900: 1186 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 VTD: 021RU1 - RUTLAND 1 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 012400:

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2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 012200: 1003 1004 1005 1006 1007 1013 012300: 3007
District 003 Bibb County VTD: 021HA2 - HAZZARD 2 013409: 1000 1012 1013 1015 1016 1017 2010 013605: 1000 1001 VTD: 021HA7 - HAZZARD 7 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 VTD: 021HO3 - HOWARD 3 VTD: 021HO4 - HOWARD 4 VTD: 021HO5 - HOWARD 5 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 VTD: 021VV6 - VINEVILLE 6 VTD: 021VV7 - VINEVILLE 7 010200: 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 011800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 3014 3015 3016 3017 3018 3019 3020 3021 012200: 1001 1002 012300: 3000 3001 3002 3003 3004 3005 3006 3008 3009 3010 3011 3012 VTD: 021VV8 - VINEVILLE 8 011900: 1007 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

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2026 2027 3004 3010 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037
District 004 Bibb County VTD: 021GF7 - GODFREY 7 VTD: 021HA1 - HAZZARD 1 VTD: 021HA2 - HAZZARD 2 013409: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 2011 2012 2013 2014 2017 013605: 1002 1003 1004 1009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 VTD: 021HA3 - HAZZARD 3 VTD: 021HA4 - HAZZARD 4 VTD: 021HA5 - HAZZARD 5 VTD: 021HA6 - HAZZARD 6 VTD: 021VV4 - VINEVILLE 4 012400: 3000 3001 3002 3003 3004 3005 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 012500: 2005 2006 2007 2010 2011 2015 013201: 1005 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 963. By Representatives Randall of the 138th, Beverly of the 139th, Peake of the 137th, Epps of the 140th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for

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preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 975. By Representative Rogers of the 10th:
A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes in the amount of $130,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for applicability; to replace 1978 House Resolution 662-1850 granting a homestead exemption from Habersham Taxes levied for county purposes and such taxes levied for school purposes (Ga. L. 1978, p. 2444); to repeal an Act entitled "An Act to provide a homestead exemption from Habersham County school district taxes for educational purposes," approved May 4, 2006 (Ga. L. 2006, p. 4123); 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 363. By Senators Bulloch of the 11th and Golden of the 8th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4203), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper E Crawford

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield E Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon
Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley
Thomas VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bills, the ayes were 169, nays 0.

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

The Speaker announced that, pursuant to House Rule 33.3, debate shall be limited to no longer than 1 and 1/2 hours on HB 636 and HB 824 with the time to be allocated at the discretion of the Speaker.

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

HB 824. By Representatives Dudgeon of the 24th, England of the 108th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th and others:

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A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to revise the method of calculating equalization grants; to add an eligibility requirement; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson N Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly N Black Y Braddock Y Brockway Y Brooks N Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson N Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman N Collins Y Cooke N Coomer Y Cooper E Crawford

Y Davis E Dawkins-Haigler N Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes
Dunahoo Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B N Harden, M
Harrell Y Hatchett Y Hatfield E Heard

E Heckstall Y Hembree Y Henson Y Hightower N Hill Y Holcomb Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts N Rogers, C N Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E N Smith, K N Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Talton N Tankersley N Taylor, D Y Taylor, R Y Taylor, T
Teasley Thomas VACANT Y Waites Y Watson Y Welch Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 143, nays 23.

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

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Representatives Harrell of the 106th, Teasley of the 38th, and Williams of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Sims of the 119th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
HB 636. By Representatives Jacobs of the 80th and Taylor of the 79th:
A BILL to be entitled an Act to incorporate the City of Brookhaven in DeKalb County; to provide for a charter for the City of Brookhaven; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To incorporate the City of Ashford in DeKalb County; to provide for a charter for the City of Ashford; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a transition task force; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities

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from DeKalb County to the City of Ashford; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of Ashford, Georgia. The City of Ashford, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Ashford" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal.
SECTION 1.02. Corporate boundaries.
The boundaries of the City of Ashford shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
SECTION 1.03. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder;

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(2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation.
(A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (B) The municipality shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the municipality of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The municipality shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, the control of erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other

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necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that users vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; control filling, grading, dredging, and other development which may increase flood damage or erosion; prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; limit the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation, and ecological functions of natural flood plain areas; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors, and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;

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(15) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (20) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (21) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (22) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (25) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community;

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(26) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (29) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council; (34) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin,

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aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) The millage rate imposed for ad valorem taxes on real property shall not exceed 3.35 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified electors of the City of Ashford voting on the issue, provided that the amount of millage associated with general obligation bonds shall not count as part of the 3.35 limit since such millage is already subject to approval by the electors of the city in a separate referendum; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect said vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, conventions, and trade shows. To provide for the structure, operation, or management of the Ashford Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Ashford to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows. (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, 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 1.04. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this Act. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
SECTION 1.05. Tourism, conventions, and trade shows.
The Ashford Convention and Visitors Bureau is hereby created.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS,
AND LEGISLATIVE BRANCH SECTION 2.01.
City council creation; number; election.
(a) The legislative authority of the government of the City of Ashford, except as otherwise specifically provided in this Act, shall be vested in a city council of which the mayor shall be a voting member to the extent provided in subsection (a) of Section 2.10 of this charter.
(b)(1) The city council of Ashford, Georgia shall consist of six members, plus the mayor.
(2)(A) For the purposes of electing members of the city council, the City of Ashford shall be divided into three council districts, designated Council Districts 1 through 3. Such three districts shall be and correspond to those three numbered districts described in and attached to and made a part of this Act as Appendix "B" and further identified as 'Plan: BHcc-2012 Plan Type: Local Administrator: H080 User: Gina'.
(B)(i) For the purposes of such plan: (I) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (II) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.

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(ii) Any part of the City of Ashford which is not included in any district described in subparagraph (A) of this paragraph shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (iii) Any part of the City of Ashford which is described in subparagraph (A) of this paragraph as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (iv) Any part of the City of Ashford which is described in subparagraph (A) of this paragraph as being included in a particular district which, on the effective date of this Act is within the corporate boundaries of another municipality, shall not be included within such district. (C) Following each decennial census, the city council shall revise such districts pursuant to Code Section 36-35-4.1 of the O.C.G.A. to maintain a proper population balance among such districts. (3) One councilmember shall be elected from each of the three council districts and shall hold Council Posts 1, 2, and 3, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post will be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council must reside in the district he or she seeks to represent. (4) Three councilmembers shall be elected from the city at large and shall represent Council Posts 4, 5, and 6. Candidates offering for election to Council Post 4 shall reside in Council District 1, candidates offering for election to Council Post 5 shall reside in Council District 2, and candidates offering for election to Council Post 6 shall reside in Council District 3. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the entire city voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the entire city voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post will be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the city voting at such run-off election shall be elected.

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(c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council the terms for the candidates elected for Council Posts 1, 2, and 3 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2013, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council Posts 4, 5, and 6 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2015, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of Ashford, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2015, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.
SECTION 2.02. Mayor and councilmembers; terms and qualifications for office.
(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Ashford for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Ashford. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a

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resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) An election shall be held on the Tuesday after the first Monday in November, 2012, to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2013. (c) The number of consecutive terms an individual may hold a position as a councilmember shall be unlimited. (d) The number of consecutive terms an individual may hold the position of mayor shall be limited to two terms. (e) No person who was a member of the General Assembly at the time of the enactment of this charter shall be eligible for election or to serve as mayor or councilmember of the City of Ashford during the first four years of the city's existence.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.
(a) Elected officials of the city cannot hold other elective or public offices. The elective offices of the city's government shall become vacant upon the member's death, resignation, forfeiture of office, or removal from office. The following shall result in an elected city official forfeiting his or her office:
(1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of

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that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.
SECTION 2.04. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation.
SECTION 2.05. Election votes.
The candidates for mayor and Council Posts 4, 5, and 6 who receive a majority vote of the qualified electors of the city at large voting at the elections of the city shall be elected to a term of office. The candidates for Council Posts 1, 2, and 3 who receive a majority vote of the qualified electors of Council Districts 1, 2, and 3, respectively, voting at the elections of the city shall be elected to a term of office.
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law.
SECTION 2.07. Compensation and expenses.
The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.

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SECTION 2.08. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.09. Meetings, oath of office, and mayor pro tempore.
(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear (or affirm) that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Ashford, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Ashford. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Ashford for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Ashford to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and

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continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.
SECTION 2.10. Quorum; voting.
(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member, there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least three affirmative votes and must receive the affirmative votes of a majority of those voting. No member of the city council shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason, other than a properly disclosed and recorded conflict of interest, shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of a tie or in the case where his or her vote will provide the number of votes necessary for approval of a matter. (b) The following types of actions require an ordinance in order to have the force of law:
(1) Adopting or amending an administrative code or establishing, altering or abolishing a department, office not specified in this charter, or agency; (2) Providing a fine or other penalty; (3) Levying taxes; (4) Granting, renewing, or extending a franchise; (5) Regulating a rate for a public utility; (6) Authorizing the borrowing of money; (7) Conveying, leasing, or encumbering city land; (8) Regulating land use and development; and (9) Amending or repealing an ordinance already adopted.

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(c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by three-fourths' vote; provided, however, that the city council cannot in an emergency meeting:
(1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.
SECTION 2.11. General power and authority of the city council.
(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Ashford as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Ashford and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.12. Administrative and service departments.
(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.

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SECTION 2.13. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged. "Valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her immediate family, has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of immediate family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for

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personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected.
SECTION 2.14. Boards, commissions, and authorities.
(a) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized to administer oaths. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.

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SECTION 2.15. Ordinance form; procedures.
(a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginnings of said meetings are not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section, and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the article and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof. (d) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.
SECTION 2.16. Submission of ordinances to the city clerk.
(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.
ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.

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(a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council; provided, however, that additional items shall be added to the agenda upon the written request of any two members of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in matters before the city council to the extent provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section.
SECTION 3.02. City manager; appointment and qualification.
The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.
SECTION 3.03. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the city. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.

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SECTION 3.04. City manager; powers and duties enumerated.
The city manager shall have the power and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chair; provided, however, that regardless of the decision of the meeting chair, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption of such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures;

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(11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.
SECTION 3.05. City council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the mayor or city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the mayor, the city council, nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.06. City manager; removal.
(a) The mayor and city council may suspend the city manager from office by a vote at least four members. The mayor and city council, by a vote of at least four members, may remove the city manager from office at a subsequent meeting of the city council held on a different day following the suspension of the city manager. The mayor shall be permitted to vote on the suspension and removal of the city manager notwithstanding the provisions of subsection (a) of Section 2.10 of this charter. This provision may be supplemented, but not supplanted, by an employment contract of the city manager which provides for additional procedures for suspension or removal from office. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.

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SECTION 3.07. Acting city manager.
(a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06, temporary absence from the city, or during the city manager's disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
SECTION 3.08. City attorney.
The mayor shall appoint the city attorney together with such assistant city attorneys as may be deemed appropriate subject to confirmation by the city council and shall provide for the payment of such attorney for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city.
SECTION 3.09. City clerk.
The mayor may appoint a city clerk subject to confirmation by the city council to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.
SECTION 3.10. City accountant.
The mayor may appoint a city accountant subject to confirmation by the city council to perform the duties of an accountant. The city accountant shall also act as tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and such tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

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SECTION 3.11. City internal auditor.
The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with the provisions of this charter, the applicable city budget, and applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter.
SECTION 3.12. Consolidation of functions.
The city manager, with the approval of the city council, may consolidate the positions of city clerk and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.
SECTION 3.13. Position classification and pay plans; employment at will.
The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for adoption. Said plan may apply to all employees of the City of Ashford and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.
ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.
There is established a court to be known as the Municipal Court of the City of Ashford which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law,

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including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting.
SECTION 4.02. Judge.
(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval of the city council, and shall take the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge, or judge pro tempore, shall serve for a term of two years but may be removed from the position by a two-thirds' vote of the entire membership of the city council or shall be removed upon action taken by the Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties which is, or is likely to become, of a permanent character.
SECTION 4.03. Convening.

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The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.
SECTION 4.04. Jurisdiction; powers.
(a) The municipal court shall try and punish for crimes against the City of Ashford and for violation of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Ashford, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Ashford granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.
SECTION 4.05. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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SECTION 4.06. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court.
ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.
The city council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, or institution, agency, and activity of the city government, unless otherwise provided by state or federal law.
SECTION 5.02. Preparation of budgets.
The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 5.03. Submission of operating budget to city council.
(a) On or before a date fixed by the city council, but no later than 45 days prior to the end of the current fiscal year, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) In each year of the city's operation, the city manager and mayor shall present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing.

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(d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the mayor to exist pursuant to subsection (c) of Section 3.01 of this charter, these appropriations can be spent during the current fiscal year following passage of a supplemental appropriation ordinance.
SECTION 5.04. Action by city council on budget.
(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter except that the budget, as finally amended and adopted, must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the last day of the current fiscal year. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.
SECTION 5.05. Procurement and property management.
No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.
SECTION 5.06. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city in accordance with recognized public purchasing standards and with the requirements of state law.

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SECTION 5.07. Audits.
(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles, general audit standards, and state law. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.
SECTION 5.08. Homestead exemption; freeze.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Ashford, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of Ashford is granted an exemption on that person's homestead from City of Ashford ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Ashford, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Ashford, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Ashford, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year

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to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Ashford, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.
SECTION 5.09. Homestead exemption; senior citizens; disabled.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Ashford, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made.
(b) Each resident of the City of Ashford who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Ashford ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead

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does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Ashford, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Ashford, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Ashford, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Ashford, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.
SECTION 5.10. Homestead exemption; general.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Ashford, including, but

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not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Ashford is granted an exemption on that person's homestead from City of Ashford ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Ashford, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Ashford, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Ashford, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Ashford, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.
SECTION 5.11. Homestead exemption; surviving spouses.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Ashford, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.

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(3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of the City of Ashford and who is an unremarried surviving spouse of a member of the armed forces of the United States who has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Ashford ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this section effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this section, the unremarried surviving spouse shall furnish to the governing authority of the City of Ashford, or the designee thereof, documents from the United States Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Ashford, or the designee thereof, information relative to marital status and other such information which the governing authority of the City of Ashford, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Ashford, or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Ashford, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Ashford, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or

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lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2013.
ARTICLE VI GENERAL PROVISIONS.
SECTION 6.01. DeKalb County Special Services Tax District.
For the taxable years beginning on or after January 1, 2013, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Ashford special services tax district shall be zero percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Ashford will be established through intergovernmental agreements or established as otherwise authorized by statute.
SECTION 6.02. Referendum and initial election.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Ashford for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in 2012. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Ashford in DeKalb County according to the charter contained in the Act and the homestead exemptions
( ) NO described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and

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effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Ashford shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Ashford to be held on the Tuesday after the first Monday in November, 2012, the qualified electors of the City of Ashford shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Ashford as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Ashford shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Ashford to be held on the Tuesday after the first Monday in November, 2012, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Ashford and the powers and duties of the governing authority of the City of Ashford.
SECTION 6.03. Effective dates and transition.
(a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers, and by action of any four members of the governing authority may, prior to December 17, 2012, meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Ashford. Accordingly there shall be a twoyear transition period as allowed by law beginning at 12:01 A.M. on December 17, 2012. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided prior to such date in 2012 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of City of Ashford, responsibility for any such service or function shall be transferred to the City of Ashford. The governing authority of the City of Ashford shall determine the date of commencement of collection of taxes, fees, assessments, fines, and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Ashford is considered removed from the special tax district.

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(d) During the transition period, the governing authority of the City of Ashford may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Ashford. Any transfer of jurisdiction to the City of Ashford during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Ashford may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Ashford commencing to exercise its planning and zoning powers, the Municipal Court of the City of Ashford shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Ashford shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION 6.04. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable but not later than 45 days after securing approval under the federal Voting Rights Act. If the referendum election provided for in Section 6.02 of this Act is conducted on or before August 21, 2012, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after August 21, 2012, then the special

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election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the Tuesday following the first Monday in November, 2012, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act.
SECTION 6.05. Transition task force.
After the close of the qualifying period for the first election for mayor and city council, each state representative and state senator whose district includes all or part of the territory embraced within the City of Ashford, except for a state representative or state senator whose district contains only a road or a portion of a road in the City of Ashford, shall each appoint one member to serve on the transition task force. Such appointees shall be residents of the territory of such representative or senator's district located within the City of Ashford and cannot be candidates for the office of mayor or city council in such initial election. All meetings of the transition task force shall be subject to Chapter 14 of Title 50 of the O.C.G.A. regarding open and public meetings as it now exists or is subsequently amended. The task force shall prepare and present a written report to the new mayor and city council on the following matters:
(1) Backgrounds and qualifications of possible candidates for the positions of city manager, city attorney, city clerk, and city accountant; (2) A proposed plan for cost-effectively privatizing the delivery of as many city services as practicable based upon the best practices of other municipalities; and (3) Possible locations and pricing for leased city office facilities. Such report shall be made public via the Internet on the day immediately following the general election date of the mayor and city council and shall be delivered to the newly elected mayor and city council. After publication and delivery of the report, the transition task force shall stand dissolved.
SECTION 6.06. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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SECTION 6.07. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The boundaries of the proposed City of Ashford shall become effective upon the effective date of this Act for the purposes of annexation of territory by other municipalities and no portion of the territory within the proposed City of Ashford shall be subject to annexation as of the effective date of this Act. If the referendum provided for in Section 6.02 fails, then such boundaries shall cease to exist and shall be subject to annexation by other municipalities.
SECTION 6.08. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF ASHFORD, DEKALB COUNTY, GEORGIA
Commence at a point on the land lot line common to Land Lot 6 of the 17th District of Fulton County, Georgia and Land Lot 154 of the 18th District of DeKalb County, Georgia, where said land lot line intersects with the southerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate I-85); thence run north along said land lot line dividing Fulton and DeKalb Counties following the easterly boundaries of the City of Atlanta and the City of Sandy Springs, respectively, (including any deviations from said land lot line to the extent that boundary of the City of Atlanta crosses into DeKalb County, Georgia as of the date of this description) to a point on the land lot line common to Land Lot 17 of the 17th District of Fulton County, Georgia, and Land Lot 329 of the 18th District of DeKalb County where said land lot line intersects with the southerly boundary of the City of Dunwoody, Georgia, and the southerly rightof-way line of the Perimeter Highway (a/k/a I-285); thence running northwesterly and westerly along said southerly right-of-way line following the southerly boundary of the City of Dunwoody, Georgia, to a point in Land Lot 345 of the 18th District of DeKalb County, Georgia, where said southerly right-of-way line and the southerly border of the City of Dunwoody, Georgia intersect with the westerly right-of-way line of Chamblee Dunwoody Road and the boundary of the City of Chamblee, Georgia; thence follow said westerly right-of-way line running southerly following the westerly boundary of the City of Chamblee, Georgia to a point in Land Lot 308 of the 18th District of DeKalb County, Georgia, where said westerly right-of-way line intersects with the northerly right-of-way line of Harts Mill Road; thence running southwesterly, northwesterly and southwesterly along said right-of-way line following the boundary of the City of Chamblee, Georgia, to

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the point where said right-of-way line intersects with the land lot line common to Land Lots 306 and 307 in the 18th District of DeKalb County, Georgia; thence leaving said right-of-way line, following said land lot line south along the westerly boundary of the City of Chamblee, Georgia, to a point where the land lot line common to Land Lots 277 and 278 of the 18th District of DeKalb County, Georgia, intersects with the northerly right-of-way line of Peachtree Road (f/k/a Peachtree Industrial Boulevard); thence leave said land lot line running southwesterly along said northerly right-of-way line of Peachtree Road for a distance of 1250 feet, more or less to a point following the boundary of the City of Chamblee, Georgia, as described in Article 1, Section 2.6 of the Charter of the City of Chamblee, Georgia (1967 Annexation); thence leaving said northerly right-of-way line following the boundary of the City of Chamblee, Georgia, following the boundary being described in Article 1, Section 2.8 of the Charter of the City of Chamblee, Georgia (1978 Annexation), easterly to a point where said boundary intersects with the land lot line common to Land Lots 277 and 278 of the 18th District of DeKalb County; thence continuing along the boundary of the City of Chamblee, Georgia, southerly and easterly to the point where said boundary intersects with the right-of-way of 8th Street; thence running easterly along the right-of-way of 8th Street, following the boundary of the City of Chamblee, to the intersection of said right-of-way and the City of Chamblee boundary with the westerly right-of-way line of Clairmont Road; thence running due east across said right-of-way to the easterly right-of-way line of Clairmont Road; thence running south along said easterly right-of-way line of Clairmont Road to the point where said right-of-way line intersects the northwest corner of that certain parcel of land identified as Tax Parcel No. 18 270 01 013; thence running east along the northerly property line of said parcel to the point at the westernmost intersection of said parcel and Tax Parcel No. 18 270 01 021; thence running north, east, southeast, southwest and west along the westerly, northerly, easterly and southerly property lines of Tax Parcel No. 18 270 01 021 to a point where said property line intersects the northerly right-of-way line of West Hardee Avenue, said point also intersecting with the westerly property line of Tax Parcel No. 18 270 01 017 (hereinafter "DeKalb-Peachtree Airport"); thence running generally southerly along the boundary of DeKalb-Peachtree Airport following the courses and distances thereof to the point where said boundary intersects with the northerly right-of-way line of Dresden Drive in Land Lot 244 of the 18th District, DeKalb County, Georgia; thence running east along said northerly right-of-way line of Dresden Drive to a point in Land Lot 244 of the 18th District, DeKalb County, Georgia on the westerly right-of-way line of Buford Highway; thence running due east across said right-of-way to a point on the easterly right-of-way line of Buford Highway; thence running southwesterly along said easterly right-of-way line of Buford Highway to a point at the intersection of said easterly right-of-way line and the easterly right-of-way line of Clairmont Road located in Land Lot 236 of the 18th District of DeKalb County, Georgia; thence running southerly following the easterly right-of-way line of Clairmont Road to a point at the intersection of said easterly right-of-way line and the southerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate

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I-85) in Land Lot 196 of the 18th District of DeKalb County, Georgia; thence following said southerly right-of-way line southwest to the POINT OF BEGINNING. All right-of-way and boundary descriptions shall be as of the date of the passage of this legislation.
APPENDIX B LEGAL DESCRIPTION CITY COUNCIL DISTRICTS CITY OF ASHFORD, DEKALB COUNTY, GEORGIA
Plan: BHcc-2012 Plan Type: Local Administrator: H080 User: Gina
District 001 DeKalb County VTD: 089AG - ASHFORD DUNWOOD VTD: 089AH - ASHFORD PARKSIDE VTD: 089MU - MONTGOMERY ELEM VTD: 089NA - NANCY CREEK ELEM 021202: 1010 1013 1014 1015 1027 1028 2012 VTD: 089SE - SILVER LAKE 021102: 1000 1001 1002 1003 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3001 3002 3003 3004 3005 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4020 4021
District 002 DeKalb County VTD: 089AB - ASHFORD PARK ELEMENTARY VTD: 089BE - BRIARWOOD 021413: 1014 1015 1016 1018 VTD: 089BI - BROOKHAVEN 021411: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 2001 2004 2005 2006 VTD: 089MJ - MONTCLAIR ELEM 021414: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004

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2005 2006 2007 2008 2009 021603: 2000 VTD: 089SE - SILVER LAKE 021102: 1004 2020 3006 4018 021209: 3011 3016 VTD: 089SF - SKYLAND 021204: That portion of Block 3015 that is south and west of a line that extends from the intersection of the southern boundary of the DeKalb-Peachtree Airport at its southern point of intersection with Clairmont Road and following the boundary of DeKalb-Peachtree Airport until its intersection with Young Road 3018 3019 021405: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 3000 3001 3002 021412: 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 021413: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1017 2000 2001 2002
District 003 DeKalb County VTD: 089BE - BRIARWOOD 021405: 2012 2021 3012 3013 3014 3015 3016 3017 3018 3019 3020 021416: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 VTD: 089BI - BROOKHAVEN 021405: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 3003 3004 3005 3006 3007 3008 3009 3010 3011 VTD: 089CO - CROSS KEYS HIGH VTD: 089MJ - MONTCLAIR ELEM 021417: 2000 2001 2002 2003 2004 2005 2009 2017 021603: 2007

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VTD: 089SE - SILVER LAKE 021102: 4015 4016 4017 4019 VTD: 089WJ - WOODWARD ELEM

APPENDIX C

CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION

I, Representative Mike Jacobs, Georgia State Representative from the 80th District and the author of this bill introduced at the 2011 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Ashford, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.

So certified this ____ day of __________, 2012.

____________________________________ Honorable Mike Jacobs Representative, 80th District Georgia House of Representatives

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

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

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood
Baker Y Battles N Beasley-Teague N Bell N Benfield Y Benton

Y Davis E Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson E Dobbs
Dollar N Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton

E Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne
Houston N Howard N Hudson N Hugley

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix

Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E
Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre Y Spencer N Stephens, M Y Stephens, R

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N Beverly Y Black Y Braddock Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V
Coleman Y Collins Y Cooke Y Coomer Y Cooper E Crawford

Ehrhart Y England
Epps, C Epps, J N Evans N Floyd N Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon E Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield E Heard

N Jackson Y Jacobs N James Y Jasperse
Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning N Marin E Martin E Maxwell N Mayo

N Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S Y Setzler

N Stephenson N Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley
Thomas VACANT N Waites Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A E Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 101, nays 57.

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

Representative Spencer of the 180th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Mosby of the 90th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 636.

Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, February 21, 2012, and the motion prevailed.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Tuesday, February 21, 2012.

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Representative Hall, Atlanta, Georgia

Tuesday, February 21, 2012

Twenty-Second Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

E Abrams Allison Amerson Anderson Atwood Baker Battles
E Beasley-Teague Bell
E Benfield Benton Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V
E Coleman Collins Cooke Coomer Cooper

Crawford Davis E Dawkins-Haigler Dickerson Dickey Dickson Dobbs Dollar Drenner Dudgeon Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans E Floyd Fludd Frazier Fullerton Geisinger Golick Gordon Greene Hamilton E Harbin Harden, B Harrell Hatchett E Hatfield Heard

E Heckstall Hembree
E Henson Hightower Hill Holcomb Holmes Holt
E Horne Houston Howard Hugley Jackson Jacobs James Jasperse Jerguson Johnson Jones, J Kaiser Kendrick Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Manning
E Marin Martin

Maxwell Mayo McBrayer McCall McKillip Meadows Mitchell Morgan Morris Mosby Murphy Neal, J Neal, Y Nix O'Neal Pak Parent Parrish Parsons Peake Powell, A Powell, J Purcell Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders

E Scott, M Scott, S Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R Stephenson Talton Tankersley Taylor, D Taylor, R Teasley Thomas Waites Watson Welch Wilkerson Wilkinson Williams, A
E Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Ashe of the 56th, Beverly of the 139th, Dempsey of the 13th, Hanner of the 148th, Harden of the 28th, Hudson of the 124th, Jones of the 44th, Jordan of the 77th, Oliver of the 83rd, Ramsey of the 72nd, Setzler of the 35th, Shaw of the 176th,

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Sims of the 169th, Smith of the 168th, Taylor of the 79th, Weldon of the 3rd, and Willard of the 49th.
They wished to be recorded as present.
Prayer was offered by Reverend Dr. Jim Ellison, Senior Pastor, Simpsonwood United Methodist Church, Norcross, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1074. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. L. 1988, p. 3755), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for

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preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1075. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3964), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1076. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4692), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1077. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4697), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal

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Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1078. By Representatives Neal of the 1st and Purcell of the 159th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to commencement and conduct of juvenile proceedings in courts, so as to provide for the modification of orders of delinquency for children who are victims of sexual abuse or sexual trafficking; to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to juvenile court records and hearings, so as to provide for the sealing of court records for children who are victims of sexual abuse or sexual trafficking; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1079. By Representatives Neal of the 1st and Jackson of the 142nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," so as to define certain terms; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer where the charitable organization receives such contribution in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1080. By Representatives Purcell of the 159th, Neal of the 1st, Powell of the 171st, Cheokas of the 134th, Carter of the 175th and others:
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 eliminate the 9-1-1 Advisory Committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.

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HB 1081. By Representatives Purcell of the 159th, Neal of the 1st, Powell of the 171st, Cheokas of the 134th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Titles 34, 38, 45, and 50 of the O.C.G.A., relating to labor and industrial relations, to the military, emergency management, and veterans affairs, to public officers and employees, and to state government, respectively, so as to eliminate the licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams, and individuals by the director of the Georgia Emergency Management Agency; to revise certain definitions; to change certain provisions relating to applications for indemnification; to revise certain provisions relating to state flags to honor service of deceased; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 1082. By Representative Houston of the 170th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of the Magistrate Court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1083. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 1084. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5621), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1085. By Representatives Ashe of the 56th, Willard of the 49th, Brooks of the 63rd, Jones of the 46th, Riley of the 50th and others:
A BILL to be entitled an Act to repeal an Act providing for a budget commission in counties having a population of 300,000 or more according to the United States decennial census of 1950 or any future such census, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2815), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1086. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, so as to prohibit mandatory immunizations or vaccination by employers under certain circumstances; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1087. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved April 1, 2002 (Ga. L.

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2002, p. 3691), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1088. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3684), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1089. By Representatives Carson of the 43rd, Rice of the 51st, Manning of the 32nd, Ehrhart of the 36th, Lindsey of the 54th and others:
A BILL to be entitled an Act to repeal and reserve Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1090. By Representatives Mitchell of the 88th, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Kendrick of the 94th and others:
A BILL to be entitled an Act to incorporate the City of DeKalb in DeKalb County; to provide for a charter for the City of DeKalb; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts

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relative to members of such governing authority; to provide for inquiries and investigations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1091. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), so as to increase the amount of the exemption from school district taxes for residents who are 65 and older; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1092. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), so as to provide for staggered terms for members of the city council; to provide for the manner of election; to provide that the mayor and council shall appoint the city attorney and city clerk; to revise the duties of the mayor and council; to revise the amount of fines that may be imposed by the municipal court; to provide for the applicability of Chapter 2 of Title 21 of the O.C.G.A. to municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1093. By Representatives Braddock of the 19th, Jacobs of the 80th, Coomer of the 14th, Knight of the 126th, Clark of the 98th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to change provisions relating to removal of shopping carts and the required posting of the Code section in stores and markets; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 1094. By Representatives Wilkerson of the 33rd, Golick of the 34th, Johnson of the 37th, Evans of the 40th, Dollar of the 45th and others:
A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions of intangible recording taxes, so as to change certain provisions relating to population brackets and the census relative to the commission on the collection of intangible recording taxes; provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1519. By Representatives Ashe of the 56th, Howard of the 121st, Abrams of the 84th, Hugley of the 133rd, Smyre of the 132nd and others:
A RESOLUTION creating the Joint Early Learning Study Committee; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 1110. By Representatives Cooper of the 41st, Benton of the 31st, Yates of the 73rd, Howard of the 121st, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise provisions relating to penalties relative to the owning or operating of unlicensed personal care homes; to authorize the Department of Community Health to provide for additional criminal offenses for background checks for owners and employees of personal care homes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 1521. By Representative Taylor of the 55th:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to authorize the General Assembly to provide for the creation of alternate authorizers to approve the establishment of charter schools; to provide for

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

Referred to the Committee on Education.

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

HB 1037 HB 1039 HB 1041 HB 1043 HB 1045 HB 1047 HB 1057 HB 1059 HB 1061 HB 1063 HB 1065 HB 1067 HB 1069 HB 1071 HB 1073 HR 1465 SB 331 SB 366 SB 389 SB 393

HB 1038 HB 1040 HB 1042 HB 1044 HB 1046 HB 1056 HB 1058 HB 1060 HB 1062 HB 1064 HB 1066 HB 1068 HB 1070 HB 1072 HR 1439 SB 323 SB 358 SB 388 SB 392

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 905 Do Pass, by Substitute HB 1014 Do Pass HB 1019 Do Pass

TUESDAY, FEBRUARY 21, 2012

1129

Respectfully submitted, /s/ Sims of the 169th
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 1182 Do Pass HR 1382 Do Pass

HR 1241 Do Pass HR 1468 Do Pass

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 21, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 635

Macon Water Commissioners - Pension Plan; change provisions (Substitute)(Ret-Lucas-139th)

Modified Open Rule

HB 733 HB 786 HB 886 HB 929 HB 930

Family violence; holdover provisions for appointees; add (JudyNCHightower-68th) Consumers' insurance advocate; not necessary to file insurance rate filings until appropriately funded; provide (Ins-Hembree-67th) Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations (B&B-Williamson-111th) Judicial circuits; assistant district attorney for certain populations; repeal office (IGC-O`Neal-146th) Judicial circuits; superior court judge for certain populations; repeal supplemental expense allowance (IGC-O`Neal-146th)

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Modified Structured Rule

None

Structured Rule

HB 472 HB 634 HB 895

Brewpub distribution system; maximum barrels of beer manufactured and sold; increase (Substitute)(RegI-Smith-131st) Ad valorem tax; population brackets and census; change provisions (W&M-Sheldon-105th) Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods (JudyNC-Carter175th)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

HB 1014. 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 28, 2010 (Ga. L. 2010, p 3655), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

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

HB 1019. By Representatives Parent of the 81st, Taylor of the 79th and Bell of the 58th:

A BILL to be entitled an Act to amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to provide for the filling of vacancies in the offices of mayor and councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 21, 2012

1131

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

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

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

Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans E Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S Jordan Y Kaiser Kendrick Y Kidd Y Knight Y Lane Y Lindsey Long Y Maddox, B Maddox, G Y Manning E Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby
Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S
Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R
Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T
Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C
Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 147, nays 0.

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

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Representative Maddox of the 172nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 905. By Representatives Setzler of the 35th, Golick of the 34th, Cooper of the 41st, Dollar of the 45th, Teasley of the 38th and others:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), is amended by revising Sections 1 through 4 as follows:
"SECTION 1. The Board of Commissioners of Cobb County which exists on January 1, 2013, is continued in existence but on and after such date, shall be constituted as provided in this Act. The Board of Commissioners of Cobb County so continued and constituted,

TUESDAY, FEBRUARY 21, 2012

1133

sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2013.
SECTION 2. (a) Those members of the Board of Commissioners of Cobb County who are serving as such prior to January 1, 2013, and any persons selected to fill a vacancy in any such office shall continue to serve as such until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2013, the Board of Commissioners of Cobb County shall consist of five members who shall be elected from commissioner districts described in subsection (b) of this section except for the chairperson who is elected at large as provided in Section 3. (b) For purposes of electing members of the board of commissioners, other than the chairperson, Cobb County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts established pursuant to the final order entered on November 18, 2003, in Perry, et al. v. The Cobb County Board of Elections and Registration, et al. 314 Supp. 2nd 1332 described in and attached to and made a part of this Act and further identified as 'Plan: cobbcc-hd035-prop4-2012 Plan Type: Local Administrator: HD035 User: bak'.
(c)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Cobb County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Cobb County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia.

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SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected as a member of the board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The chairperson of the board may reside anywhere within Cobb County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant.
SECTION 4. (a) The first members of the reconstituted Board of Commissioners of Cobb County shall be elected as provided in this subsection. The chairperson and the first members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in November, 2012, shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. The first members from Commissioner Districts 1 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 1 and 3 in November, 2014, shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the statewide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1 through 4, as they exist immediately prior to January 1, 2013, shall continue to be designated as Commissioner Districts 1 through 4,

TUESDAY, FEBRUARY 21, 2012

1135

respectively, but as newly described under this Act, and on and after January 1, 2013, members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
SECTION 2. The Board of Commissioners of Cobb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Cobb County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: cobbcc-hd035-prop4-2012 Plan Type: Local Administrator: HD035 User: bak
District 001 Cobb County VTD: 067AC1A - ACWORTH 1A 030101: 2057 2058 2059 3017 3018 3019 3020 3021 3027 3028 3029 3030 3031 4000 4001 4002 4003 4004 4005 4008 4010 4013 4015 4016 030103: 1001 1002 1003 1008 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1038 1040 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1055 1056 1057 1059 1060 1061 1062 3000 3003 3004 3006 3008 3009 3010 3011 3012 3014 3016 3017 3019 3020 3022 3023 3024 3025 3026 3027 3031 3032 3033 3036 3038 3039 3040 3042 3044 3049 3051 3053 3057 30214: 2001 2002 2004 2005 2007 2011 2012 2013 2015 2016

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030224: 2011 2012 2013 2014 2016 2017 2018 2019 2021 VTD: 067AC1B - ACWORTH 1B 030101: 2001 2003 2004 2010 2022 2023 2024 2025 2026 2027 2033 2035 2037 2039 2040 2041 2042 2043 2044 2045 030103: 1010 1011 1012 1013 1014 1022 1035 1037 1039 1041 VTD: 067AC1C - ACWORTH 1C 030103: 3055 3059 3060 030224: 2022 2023 2024 2025 2026 2028 2029 VTD: 067BG01 - BIG SHANTY 01 030228: 2026 2027 2040 030229: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1053 030230: 1041 1044 1050 1051 1052 1053 1054 1055 1056 1070 1071 1072 1073 1074 1075 1076 1086 1091 1092 1093 2000 2003 2004 2005 2015 2017 2021 2022 2023 2029 030601: 1034 1035 3000 3001 3002 3003 3004 3005 3006 3010 3012 3089 VTD: 067CH02 - CHEATHAM HILL 02 VTD: 067CH03 - CHEATHAM HILL 03 VTD: 067DI01 - DOBBINS 01 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030800: 2045 2046 2049 2057 3041 3043 3044 3046 3047 3048 3049 3052 031001: 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2031 2032 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2087 2089 2098 2099 2100 VTD: 067DL01 - DOWELL 01 VTD: 067DU01 - DURHAM 01 VTD: 067EL01 - ELIZABETH 01

TUESDAY, FEBRUARY 21, 2012
030506: 1088 1090 1091 1093 1094 1095 1096 1098 1102 1103 1107 1123 1125 1126 1127 1128 1129 1131 1132 030601: 1029 1030 1032 1033 1040 3007 3008 3009 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3037 3041 3049 3050 3051 3052 3053 3054 3055 3056 3057 3063 3064 3065 3066 3067 3068 3069 3070 3072 3073 3077 3079 3082 3083 3085 3086 3088 3090 030602: 1000 1011 1014 2000 2001 2004 2005 2006 2007 2008 2009 2010 2011 2013 2028 2066 3001 3002 3003 3004 3005 3011 VTD: 067FO01 - FAIR OAKS 01 031002: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 3017 VTD: 067FO05 - FAIR OAKS 05 030902: 2026 2027 2028 2029 2034 031001: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1033 1035 VTD: 067FO06 - FAIR OAKS 06 VTD: 067FR01 - FORD 01 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 VTD: 067HY01 - HAYES 01 VTD: 067KE1A - KENNESAW 1A 030227: 3055 030229: 1011 1013 1014 1017 1021 1054 VTD: 067KE2A - KENNESAW 2A 030229: 1031 1032 1033 1035 1036 1048 1049 1052 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020 1021 1022 1023 1024 1025 1039 1040 1042 1043 1045 1046 1047 1048 1049 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1083 1085 1098 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2019 2020 2025 2027

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VTD: 067KE2B - KENNESAW 2B 030214: 3000 3002 3009 3024 3025 030215: 1000 1004 1006 1007 1010 1011 1012 1014 1020 1021 1022 1024 1027 2000 2004 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2027 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4019 4020 4021 4022 4023 4025 4026 4027 4031 4032 4034 4035 4039 4041 4042 030224: 2030 2031 2033 2034 030230: 1000 1002 1003 1006 1034 1036 1037 1038 1089 1090 VTD: 067KE5A - KENNESAW 5A 030215: 2001 2002 2003 030224: 2000 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03 VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01 VTD: 067MR1A - MARIETTA 1A 030800: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 2020 2021 2023 2026 2032 2033 2034 2035 2039 2040 2041 2042 2043 2044 2047 2048 2050 2051 2052 2053 2054 3000 3001 3011 3012 3018 3019 3023 3025 3028 3029 3030 3042 3050 3051 031001: 2000 2004 2007 2079 2080 2084 2085 2086 2088 2090 2091 2092 2097 VTD: 067MR2A - MARIETTA 2A VTD: 067MR2B - MARIETTA 2B VTD: 067MR2C - MARIETTA 2C

TUESDAY, FEBRUARY 21, 2012
VTD: 067MR3A - MARIETTA 3A VTD: 067MR4B - MARIETTA 4B 030230: 1080 2037 2038 2044 2045 2046 2047 2048 2049 2050 2055 2056 2057 2059 2063 2064 2065 2069 2071 2072 2073 030506: 1124 1130 1133 030601: 1039 3036 3038 3039 3040 3042 3043 3044 3045 3046 3047 3048 3059 3060 3061 3062 3071 3076 3078 3080 3081 3084 3087 030602: 1019 1028 1030 1044 1045 1046 030700: 1006 1007 1008 1014 1015 1016 1017 1018 1034 2000 2001 2002 2003 2004 2005 VTD: 067MR4C - MARIETTA 4C VTD: 067MR4E - MARIETTA 4E VTD: 067MR5A - MARIETTA 5A VTD: 067MR5B - MARIETTA 5B 030502: 2042 2043 2044 2045 2046 2056 2057 2058 030504: 3000 3001 3002 3003 3004 3005 3008 3009 030506: 1089 1092 1097 1099 1100 1101 1104 1105 1106 1108 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1134 1135 1136 1137 1138 1139 030602: 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2038 2039 2044 2045 2046 2047 3012 3013 3014 3015 3016 3017 030700: 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3000 3001 4005 VTD: 067MR6A - MARIETTA 6A 030411: 1000 2008 2011 2013 2014 2015 2016 2017 2018 2019 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 067MR6C - MARIETTA 6C 030505: 4009 4010 4011 4012 4013 4014 4016 4017 4018 4019 4020 4028

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4029 4030 4031 4032 030700: 4003 4013 4014 4031 4032 VTD: 067MR7A - MARIETTA 7A 030411: 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2004 2005 2006 2007 2009 2010 2012 030412: 1000 1001 1002 1003 1004 1005 2000 2001 2002 2003 2004 2005 2006 2008 2010 2013 2014 2015 2016 2017 2018 2019 3000 3003 3005 3006 3010 3014 3020 3021 4000 4001 4002 4003 030800: 1001 1002 1003 1026 1035 1036 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2024 2025 2027 2028 2029 2030 2031 2036 2037 2038 2055 2056 VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 VTD: 067NC01 - NORTH COBB 01 030103: 1052 1053 1054 1058 1063 3001 3002 3005 3007 3013 3015 3018 3021 3028 3029 3030 3034 3035 3037 3041 3043 3045 3046 3047 3048 3050 3052 3054 3058 3061 030224: 2009 2010 2015 2020 2027 2032 2035 2036 VTD: 067OR01 - OREGON 01 VTD: 067OR03 - OREGON 03 VTD: 067OR05 - OREGON 05 VTD: 067PM01 - PINE MOUNTAIN 01 VTD: 067PM02 - PINE MOUNTAIN 02 030229: 1034 030230: 1015 1018 1019 1061 1064 1081 1084 1087 1088 1094 1095 1096 1097 1099 2014 2024 2026 2028 2030 2031 2032 2033 2034 2035 2036 2039 2040 2041 2042 2043 2051 2052 2053 2060 2061 2062 2066 2067 2068 030231: 4000 4001 4003 4004 4006 4007 4008 4009 4010 4011 030602: 1001 1004 1006 1007 VTD: 067RR01 - RED ROCK 01 VTD: 067VA01 - VAUGHAN 01

TUESDAY, FEBRUARY 21, 2012
District 002 Cobb County VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 030339: 1000 1001 1017 1018 1038 1039 1042 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 030344: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 3000 3001 3002 3003 3004 3005 3006 030345: 1000 1012 1052 2000 2001 2002 2003 2004 2005 2006 2007 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1022 1023 1024 1025 1037 1042 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030413: 1017 1018 030414: 1022 1023 031207: 1000 031208: 1001 1002 1015 1023 VTD: 067DO01 - DODGEN 01 VTD: 067EA01 - EASTSIDE 01 VTD: 067EL04 - ELIZABETH 04 030504: 1002 1003 1004 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1022 1024 1025 1026 1027 1030 1031 1032 1035 1036 4000

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4001 4002 4003 4004 VTD: 067EL06 - ELIZABETH 06 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 VTD: 067LI01 - LINDLEY 01 VTD: 067MA03 - MABLETON 03 031307: 1010 1012 1018 1019 1020 1021 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 2000 2001 2002 2003 2004 2005 2027 2028 2032 2033 2034 2036 031313: 1016 1025 1026 1028 1029 1030 1043 VTD: 067MA04 - MABLETON 04 031206: 1056 1082 031307: 1000 1003 1006 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3033 3037 3040 3044 3046 3048 3049 3050 3051 3052 3053 3054 3055 3057 3058 VTD: 067MD01 - MURDOCK 01 VTD: 067MR1A - MARIETTA 1A 030405: 1033 1035 1036 1038 1039 1040 1041 1042 1043 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1060 2010 2013 2014 2015 2016 2017 2018 2019 2027 2028 2033 2035 3006 3007 3008 3010 3017 3018 3019 3020 3024 3025 3028 3031 3033 3034 3037 3038 3039 3044 3047 3048 030413: 1000 1001 1003 1004 1005 1006 1009 1010 1015 2000 2001 2002 2003 2005 2007 2016 3001 3008 3009 3010 3011 3031 030414: 1000 2000 VTD: 067MR6A - MARIETTA 6A 030405: 1000 1001 1003 1004 1005 1006 1007 1008 1009 1013 1014 1022 1023 1024 1027 1029 1030 1037 1053 4000 4047 030407: 2001 2003 2010 VTD: 067MR6B - MARIETTA 6B 030504: 1023 1028 1029 1033 1034 1037 1038 2036 030505:

TUESDAY, FEBRUARY 21, 2012
1024 1025 1026 1027 2031 2033 4021 VTD: 067MR6C - MARIETTA 6C 030410: 1010 1012 1014 1015 1016 1023 1025 1026 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 2030 2031 030504: 2010 2011 2021 2022 2026 2027 2028 2029 2030 2031 2032 2035 2037 030505: 1002 1005 1009 1010 1012 1013 1015 1016 1017 1018 1019 1021 1022 1023 2000 2001 2002 2003 2004 2005 2006 2012 2013 2021 3020 3022 3023 3027 3028 3029 3030 3032 3033 VTD: 067MR7A - MARIETTA 7A 030405: 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4021 4023 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4048 4049 030410: 1027 1028 1030 1032 1034 1035 1037 1039 1040 1045 1046 030505: 2008 2009 2014 2015 2017 2018 2019 2020 2022 2032 4022 4035 4036 VTD: 067MT01 - MT BETHEL 01 VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 VTD: 067NJ01 - NICKAJACK 01 VTD: 067NP01 - NORTON PARK 01 VTD: 067OK01 - OAKDALE 01 VTD: 067PF01 - POWERS FERRY 01 VTD: 067RW02 - ROSWELL 02 VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A VTD: 067SN4A - SMYRNA 4A VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7B - SMYRNA 7B VTD: 067SN7C - SMYRNA 7C VTD: 067SO01 - SOPE CREEK 01

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VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067TM01 - TERRELL MILL 01 VTD: 067TR01 - TIMBER RIDGE 01 VTD: 067TS01 - TEASLEY 01 VTD: 067VG01 - VININGS 01 VTD: 067VG02 - VININGS 02 VTD: 067VG03 - VININGS 03 VTD: 067VG04 - VININGS 04
District 003 Cobb County VTD: 067AC1A - ACWORTH 1A 030103: 2023 2041 2051 030224: 1025 VTD: 067AC1B - ACWORTH 1B 030101: 2028 2031 2032 2034 2061 030103: 1000 1004 1005 1006 1007 1009 2014 2015 2016 2021 2042 2043 2044 2048 2049 030104: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2002 2004 2005 2007 2008 2009 2010 2011 2012 2013 2015 2017 2018 2019 2020 2022 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 030106: 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3026 3027 3028 3029 030107: 2014 2018 VTD: 067AC1C - ACWORTH 1C 030103: 2002 2003 2004 2005 2007 2009 2010 2012 2018 2019 2025 2026 2027 2028 2029 2034 2039 2040 2046 2053 2054 3062 030106: 1000 1003 1006 1007 1008 1009 1010 1011 1013 1019 1021 2000 2002 2003 2005 2006 2007 2009 2012 2014 2015 2016 2017 2019 2020 3000 3001 3002 3003 3004 3022

TUESDAY, FEBRUARY 21, 2012
030107: 2009 2010 2011 2012 VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01 VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 030227: 3006 3018 3019 3020 3021 3022 3023 3052 3054 3057 3060 3062 3063 3064 3065 3067 3068 030228: 1007 1008 030229: 2000 2001 2002 2003 2004 2005 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2027 2043 2044 2045 2046 2047 2048 2049 2050 2060 2065 2066 2067 2068 2072 2074 2075 2076 2077 2078 2079 2084 2092 2093 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 VTD: 067BW01 - BLACKWELL 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 VTD: 067CR01 - CHESTNUT RIDGE VTD: 067DV01 - DAVIS 01 VTD: 067EC01 - EAST COBB 01 VTD: 067EL01 - ELIZABETH 01 030502: 2011 2019 2021 2023 2036 2037 2038 030506: 1027 1048 1049 1050 1055 1056 1058 1062 1064 1067 1068 1072 1073 1076 1077 1085 1087 1140 1141 1142 1143 1144 1146 1147 1149 030601: 1041 VTD: 067EL02 - ELIZABETH 02 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 030502: 1027 1029 1033 1039 2015 2022 2024 2025 2027 2029 2030 2031 2033 2047 2048 2049 2050 2051 030504: 2004 2007 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2034 2038

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VTD: 067EL05 - ELIZABETH 05 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067GM01 - GARRISON MILL 01 VTD: 067GT01 - GRITTERS 01 VTD: 067HT01 - HIGHTOWER 01 VTD: 067KE1A - KENNESAW 1A 030226: 1041 030227: 3000 3001 3002 3003 3004 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3024 3025 3050 3051 3053 3056 3058 3059 3061 3066 030229: 2008 2030 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2051 2052 2053 2054 2055 2056 2057 2058 2059 2061 2062 2063 2064 2069 2070 2071 2073 2080 2081 2082 2083 2085 2086 2087 2089 2090 2091 VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 VTD: 067KE2B - KENNESAW 2B 030227: 3038 3039 3040 3045 3046 3047 3048 3049 VTD: 067KE3A - KENNESAW 3A VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A 030103: 2050 030224: 1000 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1028 1031 030226: 3011 3012 3013 3014 3015 3016 3017 VTD: 067KE5B - KENNESAW 5B VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 VTD: 067LA01 - LASSITER 01 VTD: 067MB01 - MABRY 01 VTD: 067MK01 - MCCLESKEY 01 VTD: 067MR4B - MARIETTA 4B 030601: 1018 1020 1021 1022 1023 1024 1025 1026 1027 1042 VTD: 067MR5B - MARIETTA 5B

TUESDAY, FEBRUARY 21, 2012
030502: 2028 2032 2034 2040 2041 2052 2053 2054 030504: 2023 2024 2033 030506: 1002 1032 1033 1034 1036 1037 1038 1039 1041 1042 1043 1044 1046 1047 1051 1052 1053 1079 1080 1081 1082 1083 1084 1086 1109 1110 1111 1112 VTD: 067MR6B - MARIETTA 6B 030502: 1016 1019 1020 1021 1023 1024 1025 1028 1030 1031 1032 1037 1038 2001 2002 2005 2008 2010 030504: 1020 1021 2000 2001 2002 2003 2005 2006 2008 2025 030507: 1042 1044 1052 1053 1054 VTD: 067MR6C - MARIETTA 6C 030502: 2006 2009 2012 2014 2017 2020 2026 2035 2039 2055 030506: 1025 1026 1054 1057 1063 1069 1070 1071 1074 1075 1078 1145 1148 030507: 1059 1060 1061 1064 1065 1066 1067 1068 1070 1071 1073 1074 VTD: 067NC01 - NORTH COBB 01 030103: 2000 2001 2006 2008 2011 2013 2017 2020 2022 2024 2030 2031 2035 2045 2047 2052 030104: 2001 2003 2006 2014 2016 2021 2023 2025 030106: 1018 2013 2018 3021 3023 3024 3025 030107: 2017 030224: 1001 1004 1022 1023 1024 1026 1027 1029 1030 VTD: 067NS01 - NICHOLSON 01 VTD: 067PM02 - PINE MOUNTAIN 02 030227: 3043 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067PR01 - PALMER 01

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VTD: 067PT01 - PITNER 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067RW01 - ROSWELL 01 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SI01 - SIMPSON 01 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067TT01 - TRITT 01 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02 VTD: 067WL01 - WILLEO 01
District 004 Cobb County VTD: 067AU1A - AUSTELL 1A VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CA01 - CHATTAHOOCHEE 01 030344: 2001 2002 2003 2007 2009 2010 2011 030345: 1013 1014 1020 1060 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 VTD: 067DI01 - DOBBINS 01 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1018 1035 1046 1047 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1027 1029 1030 2005 2009 2017 2018 2020 2021 2022 2027 2029 2030 2031 2032 2058 2059 2060 2061 2062 2063 031001: 2023 2024 2025 2027 2028 2029 2030 2033 2034 2035 2036 2037 2055 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2101 031108:

TUESDAY, FEBRUARY 21, 2012
1000 1001 1002 1004 1007 1009 1012 1013 1015 1021 1024 1029 1033 1035 1036 1038 1039 1041 1043 1047 1050 2002 3008 3009 3013 3015 3025 3030 3032 3033 3034 3036 4005 4006 4011 4014 4015 4018 4019 4023 031113: 1005 1015 1016 031114: 2002 2005 VTD: 067FO01 - FAIR OAKS 01 030905: 2017 2018 2019 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 4000 4001 4002 4003 4004 4005 4006 4007 031005: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1029 VTD: 067FO02 - FAIR OAKS 02 VTD: 067FO03 - FAIR OAKS 03 VTD: 067FO04 - FAIR OAKS 04 VTD: 067FO05 - FAIR OAKS 05 031001: 1027 1028 1029 1030 1031 1032 1034 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3025 3028 031108: 1020 VTD: 067HL01 - HARMONY-LELAND VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MA03 - MABLETON 03 031307: 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2029 2030 2031 2035 2037 VTD: 067MA04 - MABLETON 04 031307: 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 VTD: 067MC01 - MACLAND 01 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01

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VTD: 067MR1A - MARIETTA 1A 030344: 2006 2015 2016 2018 2019 2032 2033 030345: 1007 1015 1016 1017 1019 1021 1043 1044 1045 030414: 1001 1002 1025 1026 1028 2001 2002 2003 2004 2008 2011 2012 2023 2033 2034 2038 2039 2045 2050 2051 2052 2053 2054 2055 2056 2057 2065 031001: 2026 2083 2093 2094 2095 2096 031113: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 031114: 2000 2001 2009 VTD: 067MR7A - MARIETTA 7A 030414: 2006 2007 2010 2013 2014 2015 2016 2019 2024 2025 2026 2028 2035 2036 2037 2040 2041 2042 2043 2044 2046 2047 2048 2049 2064 VTD: 067NP02 - NORTON PARK 02 VTD: 067OR02 - OREGON 02 VTD: 067OR04 - OREGON 04 VTD: 067OR06 - OREGON 06 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SN2B - SMYRNA 2B VTD: 067SN3A - SMYRNA 3A VTD: 067SN5A - SMYRNA 5A VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

TUESDAY, FEBRUARY 21, 2012

1151

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

Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood N Baker Y Battles E Beasley-Teague N Bell E Benfield Y Benton N Beverly Y Black N Braddock Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton Y Ehrhart
England Y Epps, C Y Epps, J N Evans E Floyd N Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield N Heard

E Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt E Horne Y Houston
Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jasperse Y Jerguson N Johnson Y Jones, J
Jones, S Jordan Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G N Manning E Marin Y Martin Maxwell N Mayo

McBrayer Y McCall Y McKillip Y Meadows N Mitchell N Morgan
Morris N Mosby
Murphy Y Neal, J
Neal, Y Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S Setzler

Y Shaw Y Sheldon
Sims, B Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Smith, T Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas VACANT Y Waites Y Watson Y Welch Weldon N Wilkerson Y Wilkinson Willard N Williams, A Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 99, nays 46.

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

Representative Setzler of the 35th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

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The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 317. By Senator Grant of the 25th:
A BILL To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 318. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 107. By Senators Stone of the 23rd and Davis of the 22nd:
A BILL to be entitled an Act to amend Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of the superior courts, so as to increase penalties that can be imposed for contempt of court; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 21, 2012

1153

SB 362. By Senators Williams of the 19th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide for investigation, survey, and sales of certain sunken logs to which the state holds title; to provide for administration of such a program; to repeal conflicting laws; and for other purposes.
SB 369. By Senators Carter of the 1st, Tolleson of the 20th and Tippins of the 37th:
A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for an extension of the automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 395. By Senators Heath of the 31st, Rogers of the 21st, Shafer of the 48th, Crane of the 28th and Hill of the 32nd:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, so as to allow certain such taxes to be imposed at a rate of less than 1 percent; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 628. By Representative Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Coolidge, approved June 2, 2010 (Ga. L. 2010, p. 3828), so as to change provisions relating to the time of holding of municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 749. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide education districts for the Calhoun County Board of Education," approved April 13, 1992 (Ga. L. 1992, p. 6119), so as to provide for new education districts; to provide for the continuation in office of current office holders; to provide for the submission of this Act to the United States Department of

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Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 750. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6123), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and the election of their successors; 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 777. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Terrell County, approved February 28, 1966 (Ga. L. 1966, p. 2610), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3782), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 833. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County, approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 841. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th:
A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April

TUESDAY, FEBRUARY 21, 2012

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12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4124), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 847. By Representatives Maddox of the 172nd and Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), as amended, particularly by an Act approved July 20, 2001 (Ga. L. 2001, Ex. Sess. p. 654), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 882. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3730), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 883. By Representative Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3736), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to

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Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 911. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to amend an Act to provide for compensation for the judge of the state court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1987, p. 3723), so as to change the compensation for the judge of the State Court of Putnam County, the solicitorgeneral of the State Court of Putnam County, the clerk of the State Court of Putnam County, and the sheriff of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 107. By Senators Stone of the 23rd and Davis of the 22nd:
A BILL to be entitled an Act to amend Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of the superior courts, so as to increase penalties that can be imposed for contempt of court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 362. By Senators Williams of the 19th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide for investigation, survey, and sales of certain sunken logs to which the state holds title; to provide for administration of such a program; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

TUESDAY, FEBRUARY 21, 2012

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SB 369. By Senators Carter of the 1st, Tolleson of the 20th and Tippins of the 37th:

A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for an extension of the automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 395. By Senators Heath of the 31st, Rogers of the 21st, Shafer of the 48th, Crane of the 28th and Hill of the 32nd:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, so as to allow certain such taxes to be imposed at a rate of less than 1 percent; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

Representative Mosby of the 90th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 636. By Representatives Jacobs of the 80th and Taylor of the 79th:

A BILL to be entitled an Act to incorporate the City of Brookhaven in DeKalb County; to provide for a charter for the City of Brookhaven; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

Abdul-Salaam E Abrams N Allison N Amerson

Davis Y Dawkins-Haigler N Dempsey Y Dickerson

E Heckstall N Hembree Y Henson N Hightower

McBrayer N McCall N McKillip N Meadows

N Shaw N Sheldon N Sims, B
Sims, C

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N Anderson Y Ashe N Atwood Y Baker N Battles E Beasley-Teague Y Bell E Benfield N Benton Y Beverly N Black N Braddock N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Byrd N Carson N Carter N Casas N Channell N Cheokas N Clark, J N Clark, V E Coleman N Collins N Cooke
Coomer N Cooper
Crawford

N Dickey N Dickson Y Dobbs N Dollar Y Drenner N Dudgeon E Dukes N Dunahoo Y Dutton N Ehrhart
England Y Epps, C Y Epps, J Y Evans E Floyd Y Fludd Y Frazier Y Fullerton Y Gardner N Geisinger N Golick Y Gordon N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Harrell N Hatchett E Hatfield Y Heard

N Hill Y Holcomb N Holmes N Holt E Horne N Houston
Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jasperse N Jerguson
Johnson N Jones, J
Jones, S Jordan N Kaiser Y Kendrick Kidd N Knight N Lane N Lindsey Y Long N Maddox, B N Maddox, G N Manning E Marin N Martin N Maxwell Mayo

Y Mitchell Y Morgan
Morris Y Mosby Y Murphy N Neal, J
Neal, Y Nimmer N Nix Y Oliver N O'Neal N Pak Y Parent N Parrish N Parsons N Peake N Powell, A N Powell, J N Pruett N Purcell Ramsey Randall Y Reece N Rice N Riley N Roberts N Rogers, C Rogers, T N Rynders E Scott, M Y Scott, S N Setzler

Y Smith, E N Smith, K N Smith, L N Smith, R
Smith, T Smyre N Spencer Y Stephens, M N Stephens, R Y Stephenson N Talton N Tankersley N Taylor, D Y Taylor, R N Taylor, T N Teasley Y Thomas VACANT Y Waites N Watson Welch Weldon Y Wilkerson N Wilkinson Willard Y Williams, A Williams, C Y Williams, E N Williams, R N Williamson Y Yates Ralston, Speaker

On the motion, the ayes were 48, nays 94.

The motion was lost.

Pursuant to HR 1468, the House recognized February 21, 2012, as Turkish American Day at the capitol and invited the representatives of the Turkish American community and the Istanbul Center to be recognized by the House of Representatives.

Pursuant to HR 1241, the House commended the Future Farmers of America, recognized February 21, 2012, as Future Farmers of America Day at the state capitol, and inviting them to be recognized by the House of Representatives.

Pursuant to HR 1182, the House commended Ogeechee Technical College and invited President Dawn Cartee to be recognized by the House of Representatives.

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

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Representatives Ramsey of the 72nd, Purcell of the 159th, Ashe of the 56th, Allison of the 8th, Shaw of the 176th, Epps of the 140th, Taylor of the 55th, Neal of the 75th, Kendrick of the 94th, and Parent of the 81st.
Pursuant to HR 1382, the House recognized Mr. Song Byeok and invited him to be recognized by the House of Representatives.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1182. By Representatives Tankersley of the 158th, Burns of the 157th, Parrish of the 156th and Dutton of the 166th:
A RESOLUTION commending Ogeechee Technical College and inviting President Dawn Cartee to be recognized by the House of Representatives; and for other purposes.
HR 1241. By Representatives McCall of the 30th, England of the 108th, Roberts of the 154th, Dickson of the 6th, Burns of the 157th and others:
A RESOLUTION commending the Future Farmers of America, recognizing February 21, 2012, as Future Farmers of America Day at the state capitol, and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1382. By Representative Buckner of the 130th:
A RESOLUTION recognizing Mr. Song Byeok and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1468. By Representative Cheokas of the 134th:
A RESOLUTION recognizing February 21, 2012, as Turkish American Day at the capitol and inviting the representatives of the Turkish American community and the Istanbul Center to be recognized by the House of Representatives; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Insurance:
HB 463. By Representatives Dollar of the 45th, Black of the 174th, Harbin of the 118th, Rogers of the 26th, Roberts of the 154th and others:

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A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide for the sale of individual insurance coverage by limited licensees on personal property stored in self-service storage facilities; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Transportation:

HB 817. By Representatives Nimmer of the 178th, Roberts of the 154th, Burns of the 157th, Sheldon of the 105th and Dollar of the 45th:

A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to the Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains by commercial vehicles on certain roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

HB 733. By Representatives Hightower of the 68th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to add holdover provisions for appointees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams Y Allison

Y Davis Y Dawkins-Haigler Y Dempsey

Y Heckstall Y Hembree
Henson

Y McBrayer Y McCall Y McKillip

Y Shaw Y Sheldon Y Sims, B

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1161

Y Amerson Y Anderson Y Ashe Y Atwood
Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton Y Ehrhart Y England
Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Hightower Hill
Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J
Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

Representatives Baker of the 78th, Epps of the 128th, and Fullerton of the 151st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 929. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others:

A BILL to be entitled an Act to repeal an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 31, 1976 (Ga. L.

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1976, p. 3584), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1679); to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson
Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 930. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others:

TUESDAY, FEBRUARY 21, 2012

1163

A BILL to be entitled an Act to repeal an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 23, 1977 (Ga. L. 1977, p. 727), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1680); to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson
Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Heckstall Y Hembree
Henson E Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser
Kendrick Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T E Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 161, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.
Representative Setzler of the 35th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 635. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Epps of the 140th, Dickey of the 136th and others:
A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), an Act approved April 4, 1996 (Ga. L. 1996, p. 4042), an Act approved May 17, 2004 (Ga. L. 2004, p. 4384), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4392), so as to change the normal retirement age for certain employees; to change the definition of the term "disability"; to provide the actuarial equivalent basis which is stated in the document; to provide for certain limitations on compensation and benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), an Act approved April 4, 1996 (Ga. L. 1996, p. 4042), an Act approved May 17, 2004 (Ga. L. 2004, p. 4384), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4392), so as to exclude individuals whose date of hire is on and after July 1, 2012, from entering the plan and to give existing participants the right to elect to participate in a new plan established by the board of the authority provided they meet the eligibility requirements of the new plan; to change the definition of the term "disability"; to provide the actuarial equivalent basis which is stated in the document; to provide for certain limitations on compensation and benefits; to update provisions relating to required distributions; to provide for direct rollovers; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), an Act approved April 4, 1996 (Ga. L. 1996, p. 4042), an Act approved May 17, 2004 (Ga. L. 2004, p. 4384), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4392), is amended by deleting the provisions contained in said amendatory Acts and inserting in lieu thereof the following:
"ARTICLE I Definitions.
As used in this plan, the following words and phrases shall have the meanings set forth herein unless a different meaning is clearly required by the context:
1.1 'Accrued benefit' means, at any time, the amount a member is entitled to receive pursuant to Section 5.2 of the plan. In no event shall the accrued benefit as of any accrual date subsequent to this amendment be less than the accrued benefit as of the adoption date of this amendment. 1.2. 'Actuarial equivalent' means a form of benefit differing in time, period, or manner of payment from a specific benefit provided under the plan but having the same value when computed using generally accepted actuarial principles. All alternate forms of distribution shall be actuarially equivalent to the normal annuity form of distribution at the normal retirement date. Effective April 1, 2010, the conversion to an alternate form shall be based upon the 1983 Group Annuity Mortality Table assuming the member is a male and an interest rate of 5 percent. Prior to April 1, 2010, the conversion to an alternate form shall be based upon the UP1984 Mortality Table and an interest rate of 7.75 percent; provided, however, that the pension board may prospectively change the basis for actuarial equivalent to a different mortality table and interest rate basis. Any such change shall be in writing, shall only take effect when recommended by the plan's actuary and then approved by the pension board, and shall be incorporated into the plan by reference to this section. 1.3 'Administrator' means the authority unless another person or entity has been designated by the authority pursuant to Section 2.2 of the plan to administer the plan. 1.4 'Age' means age at last birthday. 1.5 'Anniversary date' means October 1. 1.6 'Annuity starting date' means, with respect to any member, the first day of the first period for which an amount is paid as an annuity, or, in the case of a benefit not payable in the form of an annuity, the first day on which all events have occurred which entitles the member to such benefit. 1.7 'Authority' and 'Macon Water Authority' means the legal entity created by an Act approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991).

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1.8 'Authorized leave of absence' means an unpaid, temporary cessation from active employment with the employer pursuant to an established nondiscriminatory policy, whether occasioned by illness, military service, or any other reason. 1.9 'Beneficiary' means the person or entity to whom all or a portion of a deceased member's interest in the plan is payable. 1.10 'Code' means the federal Internal Revenue Code of 1986, as amended. 1.11 'Compensation' means a member's total wages for federal income tax withholding purposes, as defined under Code Section 3401(a), but excluding any bonuses payable to such member. Such term shall include all other payments to an employee in the course of the employer's trade or business for which the employer must furnish the employee a written statement under Code Sections 6041, 6051, and 6052 ('W-2 Wages'), but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or services performed. Compensation shall include elective contributions that are made by the employer on behalf of a member that are not includible in gross income under Code Section 125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b), 408(p), or 457(b) and shall include amounts included in the employee's gross income under Code Section 402A and contributed by the employer, at the employee's election, to a cafeteria plan, a qualified transportation fringe benefit plan, a 401(k) plan, a Salary Reduction Simplified Employee Pension Plan (SARSEP), a tax-sheltered annuity, a Savings Incentive Match Plan for Employees (SIMPLE), or a Code 457(b) plan. Employee contributions 'picked up' by the authority and treated as employer contributions pursuant to Code Section 414(h)(2) shall also be considered as compensation. The annual compensation of each member taken into account in determining benefit accruals in any plan year beginning after December 31, 2001, shall not exceed $200,000.00 or such other amount as approved by the United States Secretary of the Treasury from time to time. Compensation for any employee who becomes eligible or ceases to be eligible to participate during a determination period shall only include compensation while the employee is an eligible employee. If, in connection with the adoption of any amendment, the definition of 'compensation' has been modified, then, except as otherwise provided by the plan, for plan years prior to the plan year which includes the adoption date of such amendment, 'compensation' means compensation determined pursuant to the terms of the plan then in effect. 1.12 'Credited service' means a member's period of service for purposes of determining the amount of any benefit for which the member is eligible under the plan and is defined as years of service. 1.13 'Earliest retirement age' means the earliest attained age for which, under the plan, a member could elect to receive retirement benefits. 1.14 'Early retirement date' means the first of any month following earliest retirement age and before normal retirement age as provided in Section 5.3 of the plan. 1.15 'Effective date' means October 1, 2010, except to the extent that provisions are required to apply to an earlier date or are required to apply to any other members in order to comply with applicable law or the terms of the plan. The original effective

TUESDAY, FEBRUARY 21, 2012

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date of the plan was December 30, 1953. 'Date of enactment' is July 1, 2012. Plan changes in paragraphs (1.14), (1.21), and (1.31) of this section, Section 4.1, and the minimum benefit under Section 5.2 of the plan take effect on July 1, 2012. 1.16 'Eligible employee' means all employees and officers of the authority, except for:
(A) Elected members of the authority and the attorney-at-law for the authority; (B) All casual or temporary employees and contractors and their employees, whose work with the authority is casual, temporary, or by the job or contract; and (C) All officers and employees whose employment with the authority is part time and the majority of whose income is not derived from employment with the authority; the authority is vested with full authority to solely and exclusively judge and determine the application of this coverage exception; provided, however, that no officer or employee first or again employed on or after July 1, 2012, shall be eligible for membership in the plan. 1.17 'Employee' means any person who is employed by the employer. 1.18 'Employer' means the Macon Water Authority. 1.19 'Family member' means, with respect to an affected member, such member's spouse and such member's lineal descendants and ascendants and their spouses, all as described in Code Section 414(q)(6)(B). 1.20 'Fiduciary' means any person who: (A) Exercises any discretionary authority or discretionary control respecting management of the plan or exercises any authority or control respecting management or disposition of its assets; (B) Renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of the plan or has any authority or responsibility to do so; or (C) Has any discretionary authority or discretionary responsibility in the administration of the plan. 1.21(A) 'Final average monthly compensation' means the total compensation of a member received from the authority during the last three years of service with the authority, divided by 36; provided, however, that in the event of prolonged illness or other justifying cause suffered by the member, such condition to be judged solely by the authority, the authority may compute a member's final average monthly compensation by using the three years most productive of compensation from the authority, and divide such total by 36. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, effective December 31, 2012, 'final average monthly compensation' means the greater of:
(i) The total compensation of a member received from the authority during the four consecutive calendar years that produce the highest average out of the last 15 calendar years, divided by 48; or (ii) The final average monthly compensation determined under subparagraph (A) of this paragraph.

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1.22 'Forfeiture' means that portion of a member's accrued benefit that is not vested and is disposed of in accordance with the provisions of the plan. A forfeiture will occur on the earlier of:
(A) The last day of a one-year break in service; (B) The distribution of the entire vested portion of the member's accrued benefit of a former member who severed employment with the employer. For purposes of this subparagraph, if the former member has a vested benefit of zero, then such former member shall be deemed to have received a distribution of such vested benefit as of the year in which the severance of employment occurs; or (C) The distribution of the entire balance of a member's employee contributions, plus interest. 1.23 'Former member' means a person who has been a member, but who has ceased to be a member for any reason and has incurred a one-year break in service. 1.24 'Hour of service' means an hour of service with the authority. 1.25 'Investment manager' means a fiduciary as described in Code Section 3(38). 1.26 'Joint and survivor annuity' means an annuity for the life of a member with a survivor annuity for the life of the member's beneficiary which is not less than 50 percent nor greater than 100 percent of the amount of the annuity payable during the joint lives of the member and the member's beneficiary. The joint and survivor annuity shall be the actuarial equivalent of the member's present value of vested accrued benefit. 1.27 'Late retirement date' means the first day of the month coinciding with or next following a member's actual retirement after having reached the normal retirement date. 1.28 'Limitation year' means the plan year. 1.29 'Member' means any eligible employee who has satisfied the requirements of Section 3.2 of the plan and has not for any reason become ineligible to participate further in the plan. 1.30 'Maternity or paternity leave of absence' means an absence from work for any period by reason of the employee's pregnancy, birth of the employee's child, placement of a child with the employee in connection with the adoption of such child, or any absence for the purpose of caring for such child for a period immediately following such birth or placement. 1.31 'Normal retirement age' means age 63. 1.32 'Normal retirement date' means the first day of the month immediately next following the date on which the member reached normal retirement age. 1.33 'One-year break in service' means a period of severance of 12 consecutive months; provided, however, that in the case of an employee who is absent from work with the authority for maternity or paternity reasons, the 12 consecutive month period beginning on the first anniversary of the first date the employee is otherwise absent from service with the authority does not constitute a one-year break in service. 1.34 'Permanently and totally disabled' means that a member has been determined to be disabled within the meaning of the federal Social Security Act and regulations

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thereunder and is actually drawing Social Security benefits on account of such disability. 1.35 'Plan' means the Macon Water Authority employees' pension plan created by this Act, any and all supporting documents, and all subsequent amendments and supplements thereto. 1.36 'Plan year' means the plan's 12 consecutive month accounting year, beginning on January 1 and ending the following December 31. 1.37 'Present value of accrued benefit' means the actuarial equivalent lump-sum amount of a member's accrued benefit at date of valuation. 1.38 'Regulation' means the income tax regulations as promulgated by the United States Secretary of the Treasury or his or her delegate, as amended from time to time. 1.39 'Retired member' means a member who has become entitled to retirement benefits under the plan. 1.40 'Retirement date' means the date as of which a member retires whether such retirement occurs on a member's normal retirement date, early retirement date, or late retirement date. 1.41 'Sponsor' means the Macon Water Authority and any successor thereto that elects to assume sponsorship of this plan. 1.42 'Spouse' means the spouse of a married member, provided that a former spouse shall be treated as a spouse or surviving spouse to the extent provided under a qualified domestic relations order as described in Code Section 414(p). 1.43 'Straight life annuity' means an annuity payable in equal installments for the life of a member that terminates upon the member's death. 1.44 'Terminated member' means a person who has been a member, but whose employment has been terminated other than by death or retirement. 1.45 'Trustee' means the person, corporation, association, or combination of them who accepts the appointment to execute the duties of the trustee as specifically set forth in any trust agreement entered into pursuant to the plan. 1.46 'Trust fund' means the assets of the plan and trust as the same shall exist from time to time. 1.47 'Vested' means the nonforfeitable portion of a member's accrued benefit. 1.48 'Year of service' means the computation period of 12 consecutive months during which an employee is employed by the authority. In computing fractional years of service, six or more service months shall be considered a year of service. No period during which benefits are being paid shall be considered service or any portion of a year of service. The computation period shall begin with the date on which the employee first performs an hour of service (employment commencement date). Subsequent computation periods shall continue to end on subsequent anniversary dates of the employee's employment commencement date.

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ARTICLE II Administration.
2.1. POWERS AND RESPONSIBILITIES OF THE AUTHORITY. (a) In addition to the general powers and responsibilities otherwise provided for in this plan, the authority shall be empowered to appoint and remove the trustee and the administrator from time to time as it deems necessary for the proper administration of the plan to ensure that the plan is being operated for the exclusive benefit of the members and their beneficiaries in accordance with the terms of the plan and the Code. The authority may appoint counsel, specialists, advisers, agents, including any nonfiduciary agent, and other persons as the authority deems necessary or desirable in connection with the exercise of its fiduciary duties under this plan. The authority may compensate such agents or advisers from the assets of the plan as fiduciary expenses, but not including any business or settlor expenses of the employer, to the extent not paid by the employer. (b) The authority may, by written agreement or designation, appoint at its option an investment manager, qualified under the federal Investment Company Act of 1940, as amended, an investment adviser, or other agent to provide direction to the trustee with respect to any or all of the plan assets. Such appointment shall be given by the authority in writing in a form acceptable to the trustee and shall specifically identify the plan assets with respect to which the investment manager or other agent shall have the authority to direct the investment. (c) The authority may invest all or any part of the trust fund:
(1) As provided by the then effective laws of Georgia for investments by trustees or investments by guardians without court order or proceedings; (2) As provided by the then effective laws of Georgia for investments by trustees or investments by guardians with court order or proceedings; and (3) Without court order and without authority or permission of any kind, other than as provided in the plan, in stocks, bonds, and securities then approved as investments of common trust funds by an active trust department of any state or national bank having a place of business in the State of Georgia. (d) The authority may at any time, and from time to time and subject to immediate revocation, delegate the powers of investment, or any portion thereof, provided for in subsection (c) of this section to a custodian of the trust fund; but no investment by a custodian other than as provided by the then effective laws of the State of Georgia for investments by trustees or guardians without court order shall be made except upon written approval of each specific investment by the authority or by the member of the authority designated for the purpose of supervising such investments.
2.2. DESIGNATION OF ADMINISTRATIVE AUTHORITY. The authority shall be the administrator. The authority may appoint a committee, to be known as the pension committee, composed of six members. The pension committee shall perform the duties of the administrator in accordance with the rules and

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regulations as may be prescribed by the authority. The authority shall elect three of its members to the pension committee who shall serve at the pleasure of the authority. The official and employee members of the plan shall elect and certify to the authority three members who shall serve on the pension committee for terms of four years and until their successors are elected. The members of the plan shall meet on the first Monday in April beginning in 1994 and each two years thereafter for the purpose of electing the employee members of the pension committee. The members of the plan shall also meet to elect any new member required to fill any unexpired term created by a vacancy in office. In the event of an equal division of opinion of the pension committee on any matter properly brought before it, the Chief Judge of the Macon Judicial Circuit, or his or her designee, shall be consulted and shall cast the deciding vote.
2.3. ALLOCATION AND DELEGATION OF RESPONSIBILITIES. The responsibilities of the pension committee may be specified by the authority and accepted in writing by each elected member. In the event that no such delegation is made by the authority, the pension committee may allocate the responsibilities among themselves, in which event the pension committee shall notify the authority and the trustee in writing of such action and specify the responsibilities of each member of the pension committee. The trustee thereafter shall accept and rely upon any documents executed by the appropriate member until such time as the authority or the pension committee file with the trustee a written revocation of such designation.
2.4. POWERS AND DUTIES OF THE ADMINISTRATOR. The primary responsibility of the administrator is to administer the plan for the exclusive benefit of the members and their beneficiaries, subject to the specific terms of the plan. The administrator shall administer the plan in accordance with its terms and shall have the power and discretion to construe the terms of the plan and determine all questions arising in connection with the administration, interpretation, and application of the plan. Any such determination by the administrator shall be conclusive and binding upon all persons. The administrator may establish procedures, correct any defect, supply any information, or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the plan; provided, however, that any procedure, discretionary act, interpretation, or construction shall be done in a nondiscriminatory manner based upon uniform principles consistently applied, shall be consistent with the intent that the plan continue to be deemed a qualified plan under the terms of Code Section 401(a), and shall comply with the terms of the plan and all regulations issued pursuant thereto. The administrator shall have all powers necessary or appropriate to accomplish its duties under the plan. The administrator shall be charged with the duties of the general administration of the plan as set forth under the terms of the plan, including, but not limited to, the following:
(1) The discretion to determine all questions relating to the eligibility of an employee to participate or remain a member and to receive benefits under the plan;

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(2) The authority to review and settle all claims against the plan, including claims where the settlement amount cannot be calculated or is not calculated in accordance with the plan's benefit formula. This authority specifically permits the administrator to settle disputed claims for benefits and any other disputed claims made against the plan; (3) To compute, certify, and direct the trustee with respect to the amount and the kind of benefits to which any member shall be entitled under the plan; (4) To authorize and direct the trustee with respect to all discretionary or otherwise directed disbursements from the trust fund; (5) To maintain all necessary records for the administration of the plan; (6) To interpret the provisions of the plan and to make and publish such rules for regulation of the plan that are consistent with the terms of the plan; (7) To determine the validity of, and take appropriate action with respect to, any qualified domestic relations order received by it; and (8) To adopt a new set of actuarial equivalent factors by resolution, which shall be incorporated into the plan by reference.
2.5. RECORDS AND REPORTS. The administrator shall keep a record of all actions taken and shall keep all other books of account, records, and other data that may be necessary for proper administration of the plan and shall be responsible for supplying all information and reports to the federal Internal Revenue Service, members, beneficiaries, and others as required by law.
2.6. APPOINTMENT OF ADVISERS. The administrator, or the trustee with the consent of the administrator, may appoint counsel, actuaries, specialists, advisers, agents (including nonfiduciary agents), and other persons as the administrator or the trustee deems necessary or desirable in connection with the administration of the plan, including, but not limited to, agents and advisers to assist with the administration and management of the plan, and by so doing to provide, among such other duties as the administrator may appoint, assistance with maintaining plan records and the providing of investment information to the plan's investment fiduciaries and to plan members.
2.7. INFORMATION FROM THE AUTHORITY. The authority shall supply full and timely information to the administrator on all pertinent facts as the administrator may require in order to perform its function, and the administrator shall advise the trustee of such of the foregoing facts as may be pertinent to the trustee's duties under the plan. The administrator may rely upon such information as is supplied by the employer and shall have no duty or responsibility to verify such information.

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1173

2.8. PAYMENT OF EXPENSES. All reasonable expenses of administration may be paid out of the plan assets unless paid by the employer. Such expenses shall include any expenses incident to the functioning of the administrator or any person or persons retained or appointed by any named fiduciary incident to the exercise of their duties under the plan, including, but not limited to, fees of accountants, actuaries, counsel, investment managers, agents (including nonfiduciary agents) appointed for the purpose of assisting the administrator or the trustee in carrying out the instructions of members as to the directed investment of their accounts, if permitted, and other specialists and their agents, and other costs of administering the plan. Until paid, the expenses shall constitute a liability of the trust fund. In addition, unless specifically prohibited under statute, regulation, or other guidance of general applicability, the administrator may charge to the account of an individual member a reasonable charge to offset the cost of making a distribution to the member, beneficiary, or alternate payee under a qualified domestic relation order, as defined in Code Section 414(p). If liquid assets of the plan are insufficient to cover the fees of the trustee or the plan administrator, then plan assets shall be liquidated to the extent necessary for such fees. In the event any part of the plan assets becomes subject to tax, all taxes incurred will be paid from the plan assets. Until paid, the expenses shall constitute a liability of the trust fund.
ARTICLE III Eligibility.
3.1 CONDITIONS OF ELIGIBILITY. Any eligible employee shall be eligible to participate in this plan as of such eligible employee's employment commencement date.
3.2 EFFECTIVE DATE OF PARTICIPATION. An eligible employee shall become a member effective as of such eligible employee's employment commencement date.
3.3 DETERMINATION OF ELIGIBILITY. The administrator shall determine the eligibility of each employee for participation in the plan based upon information furnished by the employer. Such determination shall be conclusive and binding upon all persons so long as the same is made pursuant to the plan.
3.4 TERMINATION OF ELIGIBILITY. In the event a member shall go from a classification of an eligible employee to an ineligible employee, such former member shall continue to vest in the plan for each year of service completed while an ineligible employee until such time as the member's accrued benefit is forfeited or distributed pursuant to the terms of the plan.

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3.5 REHIRED EMPLOYEES AND BREAKS IN SERVICE. (a) Any member who becomes a former member due to severance from employment with the authority and who is reemployed by the authority shall become a member as of the member's reemployment date, provided such individual is not an ineligible employee as of the member's reemployment date. (b) If any member becomes a former member due to severance from employment with the employer and is reemployed after a one-year break in service has occurred, years of service shall include years of service prior to the one-year break in service subject to the following provisions:
(1) The former member's employee contributions, with applicable interest, shall have remained in the plan; (2) The former member has received no benefit under this plan for the prior service; and (3) A former member who has not had years of service before a one-year break in service disregarded pursuant to paragraph (1) of this subsection shall participate in the plan as of the date of reemployment. (c) A former member who has received a distribution which is equal to any portion of his or her accrued benefit under the plan shall not have those years of credited service for which the distribution applied restored upon reemployment with the authority. For purposes of this subsection, if the member's vested portion of the present value of accrued benefit is zero, then the member shall be deemed to have received a distribution of such vested portion.
ARTICLE IV Contribution and valuation.
4.1 PAYMENT OF EMPLOYEE CONTRIBUTIONS. (a) Effective July 1, 2004, each member shall contribute 6.20 percent of compensation received from the authority. Prior to July 1, 2004, each member contributed 4.61 percent of compensation received from the authority from December 30, 1953, until the member's termination of employment. (b) Effective July 1, 2002, the authority shall credit each member with simple interest on the member's required employee contributions equal to 75 percent of the actuarial equivalent interest rate per calendar year. Prior to July 1, 2002, the authority credited each member with simple interest on the member's required employee contributions equal to 6.00 percent per calendar year. (c) The amount of the employee contributions provided for in this section to be paid by each member shall be deducted and withheld by the authority as an after-tax employee contribution, unless the employer chooses to implement a government pick-up provision that:
(1) Specifies that the contributions, although designated as employee contributions, are being paid by the authority in lieu of employee contributions; such action shall be

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applied prospectively and be evidenced by either resolution or minutes of a meeting of the authority for such action; or (2) Does not permit a member from and after the date of the pick-up to have a cash or deferred election right, within the meaning of Treas. Reg. 1.401(k)-1(a)(3), with respect to designated employee contributions; members may not opt out of the pickup or elect to receive the contributed amounts directly instead of having them paid by the authority to the plan.
4.2 PAYMENT OF EMPLOYER CONTRIBUTIONS. The authority shall pay to the plan from time to time such amounts in cash as the administrator and employer shall determine to be necessary to provide the benefits under the plan determined by the application of accepted actuarial methods and assumptions. The authority will contribute the greater of (1) an amount equal to the total member contributions for the fiscal year, less, at the discretion of the authority, any forfeitures, or (2) the amount required to meet the funding requirements of Chapter 20 of Title 47 of the O.C.G.A., the 'Public Retirement Systems Standards Law.' The method of funding shall be consistent with plan objectives; provided, however, that the employer may pay such contributions as appropriate directly to the trustee, and such payment shall be deemed a contribution to the plan. The amounts paid pursuant to this section shall be paid from the general funds of the authority and shall be treated as a personnel expense.
4.3 ACTUARIAL METHODS. In establishing the liabilities under the plan and contributions to the plan, the plan's actuary will use such methods and assumptions as will reasonably reflect the cost of the benefits. The plan assets are to be valued on the basis of any reasonable method of valuation that takes into account fair market value pursuant to regulations. There must be an actuarial valuation of the plan as frequently as required by law.
4.4 QUALIFIED MILITARY SERVICE. (a) Notwithstanding any provisions of this plan to the contrary, contributions, benefits, and service credit for qualified military service will be provided in accordance with Code Section 414(u). (b) In the case of a death occurring on or after January 1, 2007, if a participant dies while performing qualified military service, as defined in Code Section 414(u), the participant's beneficiary is entitled to any additional benefits other than benefit accruals relating to the period of qualified military service provided under the plan as if the participant had resumed employment and then terminated employment on account of death. The plan shall credit the participant's qualified military service as service for vesting purposes, as though the participant had resumed employment under the federal Uniformed Services Employment and Reemployment Rights Act ('USERRA') immediately prior to the participant's death. (c) For years beginning after December 31, 2008:

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(1) An individual receiving a differential wage payment, as defined by Code Section 3401(h)(2), is treated as an employee of the employer making the payment; (2) The differential wage payment is treated as compensation for purposes of Code Section 415(c)(3) and Treasury Reg. 1.415(c)-2; and (3) The plan is not treated as failing to meet the requirements of any provision described in Code Section 414(u)(1)(C) or corresponding plan provisions by reason of any contribution or benefit which is based on the differential wage payment. Differential wage payments as described in this subsection shall also be considered compensation for all plan purposes. (d) Subsection (c) of this section shall apply only if all employees of the authority performing service in the uniformed services described in Code Section 3401(h)(2)(A) are entitled to receive differential wage payments, as such term is defined in Code Section 3401(h)(2), on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the authority, to make contributions or receive benefits based on the payments on reasonably equivalent terms, taking into account Code Sections 410(b)(3), (4), and (5).

ARTICLE V Benefits.

5.1 NORMAL FORM OF BENEFIT. (a) The retirement benefit to be provided for each member who retires on the normal retirement date shall be equal to the member's accrued benefit. (b) The 'normal retirement benefit' payable to a retired member pursuant to this section shall be a straight life annuity which shall be defined as the normal form of benefit. The actual form of distribution of such benefit, however, shall be determined pursuant to the provisions of Section 5.10 of the plan.

5.2 NORMAL RETIREMENT BENEFITS. A member's normal retirement benefit shall be a monthly pension payable in the normal form of benefit and commencing on a member's normal retirement date in an amount equal to the product of the member's final average monthly compensation multiplied by the member's years of service as of the date of determination and, effective July 1, 2004, multiplied by the percentage set forth in the following table, based on the member's years of service as of the date of determination:

Years of Service

Percentage

1-30 ...............................................................................................

2.000%

31 ..............................................................................................

2.025%

32 ..............................................................................................

2.050%

33 ..............................................................................................

2.075%

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34 ..............................................................................................

2.100%

35 ..............................................................................................

2.125%

36 ..............................................................................................

2.150%

37 ..............................................................................................

2.175%

38 ..............................................................................................

2.200%

39 ..............................................................................................

2.225%

40 or more.................................................................................

2.250%

With respect to retirement benefits initiated prior to July 1, 2004, the table was equal to:

Years of Service

Percentage

1-30 ...............................................................................................

1.750%

31 ..............................................................................................

1.775%

32 ..............................................................................................

1.800%

33 ..............................................................................................

1.825%

34 ..............................................................................................

1.850%

35 ..............................................................................................

1.875%

36 ..............................................................................................

1.900%

37 ..............................................................................................

1.925%

38 ..............................................................................................

1.950%

39 ..............................................................................................

1.975%

40 or more.................................................................................

2.000%

In the event the member's normal retirement benefit does not equal at least $20.00 multiplied by the number of years of service up to a maximum of ten years, then the member's normal retirement benefit shall be the product of $20.00 multiplied by the number of years of service up to a maximum of $200.00. In no event shall a member's accrued benefit be less than his or her accrued benefit determined as of the date of enactment based on the plan provisions in effect on that date.

5.3 EARLY RETIREMENT BENEFITS. (a) Upon reaching 55 years of age, and prior to attaining normal retirement age, any member who has 15 or more years of service may retire, at his or her option, and shall receive benefits actuarially equivalent to his or her accrued benefit.

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(b) Any member, before attaining normal retirement age, who has 25 or more years of service may retire, at his or her option, and shall receive benefits actuarially equivalent to his or her accrued benefit. (c) Upon reaching 55 years of age, and prior to attaining normal retirement age, any member who has 30 or more years of service may retire, at his or her option, and shall receive benefits, without actuarial reduction, to which he or she would have been entitled under the plan as if he or she had retired on his or her normal retirement date.
5.4 LATE RETIREMENT BENEFITS. A member may continue in the employ of the authority following a member's normal retirement date. In such event, no retirement benefit will be paid to the member until the member actually retires, subject to any required minimum distribution payments. At the member's late retirement date, the affected member's late retirement benefit shall be the member's accrued benefit based on credited service and final average monthly compensation determined as of the member's late retirement date.
5.5 DISABILITY RETIREMENT BENEFITS. (a)(1) If a member becomes permanently and totally disabled after five continuous years of service, he or she shall be 100 percent vested and shall be entitled to receive a monthly disability retirement benefit equal to 1.750 percent of the member's final average monthly compensation multiplied by the member's number of years of service as of the date of disability determination; provided, however, that a member's monthly disability retirement benefit shall in no event be less than $20.00 per month for each year of continuous service. (2) If a member becomes permanently and totally disabled after earning at least 30 years of service, the member shall be entitled to benefits calculated in accordance with Section 5.2 of the plan without actuarial reduction for early commencement of benefits.
(b) A member who becomes permanently and totally disabled as a result of accidental, violent, and external causes suffered in the line of duty and in the performance of duty shall be entitled to a monthly disability retirement benefit equal to two-thirds of the member's final average monthly compensation without actuarial reduction for early commencement of benefits. (c) The determination of disability shall be applied uniformly to all participants. In the event that the federal Social Security Administration determines that a member is no longer permanently and totally disabled and such member is no longer drawing Social Security benefits pursuant to the federal Social Security Act, the authority may order that the member return to active service with the authority and that the member's retirement benefit payments be discontinued during the period of such active employment with the authority. In the event the member so ordered by the authority to return to active employment with the authority fails or refuses to do so within 30 days of written notice, the member's right to disability retirement benefits pursuant to this section shall cease. In the event such member shall return to active employment with

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the authority as ordered by the authority, such member shall resume payment of employee contributions then required by the plan and shall likewise be entitled to further service credit during the time the member remains in the active employment of the authority. Such member shall not be entitled to other retirement benefits of the plan except by relinquishment of any and all rights to any disability retirement benefits. (d) No disability payment pursuant to this section shall be paid if:
(1) It is found that the member's disability was caused by the member's willful misconduct, a self-inflicted injury, or a member's attempt unlawfully to insure another or to commit or attempt to commit a felony under the laws of the State of Georgia or of the United States; (2) The disability from external causes was suffered in the line of duty and in performance of duty for the period for which the member receives payment or for the period computed in a lump sum payment under Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation; or (3) The member is receiving remuneration as an officer or employee of the authority.
5.6 DEATH BENEFITS. (a) Any death benefit paid by the plan on behalf of a member shall be made to the member's surviving spouse, or if there is no surviving spouse, to the member's beneficiary, or if there is no beneficiary, to the member's surviving heirs at law. (b) In the event a member dies prior to retirement, the member's death benefit recipient shall receive a death benefit equal to the member's cumulative employee contributions plus simple interest credited to the member's contributions annually at the rate of 75 percent of the actuarial interest credit in effect during the member's time of service as specified in Section 4.1 of the plan. Such interest credit shall be calculated on employee contributions made by the member through the December 31 coincident with or immediately preceding the member's date of death. (c) In the event a member is killed by accidental, violent, and external causes sustained in the line of duty and the active performance of duty, then the member's death benefit recipient shall receive a death benefit as described in subsection (b) of this section, plus an additional death benefit equal to $100.00 multiplied by the member's years of service, up to a maximum additional death benefit of $500.00. (d) In the event an actively employed married member dies prior to actual retirement, but has met the age or service requirements for early retirement or normal retirement prescribed in Section 5.2 or Section 5.3 of the plan, the member's surviving spouse shall be entitled to a monthly benefit equal to 50 percent of the benefit payable to the member as of the first day of the month next following the member's date of death, assuming the member had elected to retire as of the member's date of death and elected a joint and 50 percent survivor annuity option. (e) In the event a pensioned member who is receiving retirement benefits pursuant to this article of the plan in a form other than as a joint and survivor annuity or any other optional form of benefit that does not require the designation of a beneficiary dies prior to receiving pension benefits in an amount equal to the death benefit provided in

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subsection (b) of this section (the amount of interest to be calculated and credited, however, to the date of the member's retirement, only for purposes of this subsection), the difference remaining shall be paid to the member's death benefit recipient as otherwise provided in this section. (f) In the event a pensioned member who is receiving retirement benefits pursuant to this article of the plan as a joint and survivor annuity or any other optional form of benefit that requires the designation of a beneficiary, and such member and the member's beneficiary die prior to receiving combined total pension benefits in an amount equal to the death benefit provided in subsection (b) of this section (the amount of interest to be calculated and credited, however, to the date of the member's retirement, only for purposes of this subsection), the difference remaining shall be paid to the member's death benefit recipient as otherwise provided in this section. (g) The administrator may require such proper proof of death and such evidence of the right of any person to receive the death benefit payable as a result of the death of a member as the administrator may deem desirable. The administrator's determination of death and the right of any person to receive payment shall be conclusive. (h) Notwithstanding anything in this section to the contrary, if a member has designated the spouse as a beneficiary, then a divorce decree or a legal separation that relates to such spouse shall revoke the member's designation of the spouse as a beneficiary unless the decree or a qualified domestic relations order within the meaning of Code Section 414(p) provides otherwise.
5.7 TERMINATION OF EMPLOYMENT BEFORE RETIREMENT. (a)(1) In the event a member terminates service with the authority, or in the event the member's service is terminated for any reason other than death or cause for which the member receives benefit payments elsewhere under the plan, the member may elect to receive a severance benefit equal to the member's cumulative employee contributions, plus simple interest credited to the member's contributions annually at the rate of 75 percent of the actuarial interest credit in effect during the member's time of service as specified in Section 4.1 of the plan. Such interest credit shall be calculated on employee contributions made by the member through the December 31 coincident with or immediately preceding the member's termination of service. Such payment is in lieu of all other benefits provided under the plan, and shall be the exclusive benefit provided to a member who elects to take his or her severance benefit. (2) Within a reasonable time period following a member's termination of service, a terminated member shall be notified in writing by certified mail, return receipt requested, of his or her option to forego the severance benefit described in paragraph (1) of this subsection and leave the member's employee contributions in the plan's trust so as to avoid the forfeiture of the member's accrued benefit related to employer contributions. The terminated member shall be afforded a 12 month period, measured from the date of the member's termination of service, in which to make such election. In the absence of an election by the terminated member, at the expiration of such 12

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month period, the authority shall cause the trustee to distribute such severance benefit to the member as soon as administratively practicable. (b) At the election of the terminated member, a member shall be entitled to receive actuarially reduced benefits prior to normal retirement age pursuant to this section, on or after the date the member would have become eligible for early retirement. (c) Payment to a terminated member of the vested portion of the accrued benefit who has not received a benefit under subsection (a) of this section or commenced the receipt of a benefit under this section, unless the terminated member otherwise elects, shall begin not later than the sixtieth day after the close of the plan year in which the later of the following events occurs: (1) the date on which the member attains normal retirement age; or (2) the date the member terminates service with the employer. (d) A member shall always be 100 percent vested in his or her own employee contributions. The vested portion of any member's accrued benefit shall be a percentage of such member's accrued benefit determined on the basis of the member's number of years of service according to the following vesting schedule:

Years of Service

Vesting Percentage

Less than five years ............................................................

0.000%

Five years or more ..............................................................

100.000%

If the member's vested portion of the present value of accrued benefit is zero, then the deemed cashout rule will apply and the member shall be deemed to have received a distribution of such vested portion; provided, however, that a member's entire interest in the plan shall be nonforfeitable upon the member's normal retirement age if the member is an active employee employed by the employer on or after such date. (e) Notwithstanding the provisions of subsection (d) of this section, the vested percentage of a member's accrued benefit shall not be less than the vested percentage attained as of the later of the effective date or adoption date of this amendment. The computation of a member's nonforfeitable percentage of such member's interest in the plan shall not be reduced as the result of any direct or indirect amendment to this article. If the plan's vesting schedule is amended, then the amended schedule shall apply to those members who complete an hour of service after the effective date of the amendment. (f) If the plan's vesting schedule is amended, or if the plan is amended in any way that directly or indirectly affects the computation of the member's nonforfeitable percentage, then each member with at least three years of service as of the expiration date of the election period may elect to have such member's nonforfeitable percentage computed

under the plan without regard to such amendment or change. If a member fails to make

such election, then such member shall be subject to the new vesting schedule. The

member's election period shall commence on the adoption date of the amendment and

shall end 60 days after the latest of: (1) the adoption date of the amendment, (2) the

effective date of the amendment, or (3) the date the member receives written notice of

the amendment from the employer or administrator.

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5.8 BENEFIT REDUCTIONS FOR PRIOR PAYMENTS. Notwithstanding the provisions of Section 5.7 of the plan, a member's benefit payable under the plan shall be reduced to reflect prior payments under the plan. At the time a member who has received previous payments from the plan is eligible to receive additional benefits, benefit payments shall resume and shall be equal to his or her recomputed benefit, reduced actuarially to reflect any benefits previously received, including total benefit distributions and deemed total benefit distributions; provided, however, that in no event shall a recomputation of a member's benefit cause him or her to receive less in the way of monthly payments than what he or she was previously receiving reduced by the actuarial equivalent of any total benefit distributions, if any, paid after his or her previous retirement payments ceased.
5.9 COST OF LIVING ADJUSTMENTS TO RETIREMENT BENEFITS. The following cost of living increases have been implemented for the benefit of members and their beneficiaries:
(1) Effective January 2, 1992, the monthly benefit of every member who was retired and receiving benefits prior to July 1, 1986, shall be increased by 5 percent on a onetime basis. This one-time increase in benefits shall also be applicable to any beneficiary if that beneficiary's member was retired and receiving benefits prior to July 1, 1986; (2) The monthly benefit of every member who was retired and receiving benefits prior to March 28, 1988, but after June 30, 1986, and of every beneficiary of such member shall be increased by 5 percent; such increase shall be paid on benefits received on and after April 1, 1994; and (3) The monthly benefit of every member who is retired and receiving benefits and of every beneficiary of such member shall be increased every five years by 2 percent, retroactive to April 1, 1994; this cost of living adjustment shall be effective as of October 1, 2004.
5.10 DISTRIBUTION OF BENEFITS. (a) Election. A member shall be entitled to elect, or revoke a previous election and make a new election, at any time six months or more prior to the member's retirement, or prior to commencement of benefit payments, to have his or her retirement benefit payment payable under one of the options set forth in this section in lieu of the normal form of benefit payment. A member's election of any optional form of benefit shall be made by the member in writing and shall be subject to approval, on a nondiscriminatory basis, by the authority. Any optional form of benefit thus elected shall be paid in accordance with the terms of such option. A member who retires as a result of being totally and permanently disabled shall be entitled to receive the member's retirement benefit as a life annuity or as a reduced joint and survivor annuity. (b) Optional forms of benefit. The amount of any optional form of benefit shall be the actuarial equivalent of the benefit that would otherwise be payable to the member. Optional forms of benefit are as follows:

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(1) A joint and survivor annuity option will pay a reduced retirement benefit during the joint lifetime of the member and his or her beneficiary. Should the beneficiary predecease a member, there is no further reduction. Should the member predecease the beneficiary, the same amount or a smaller amount, as the member designates at the time of retirement, will continue to be paid for the remaining lifetime of the beneficiary; (2) A social security option will pay an increased retirement benefit during the lifetime of the member who retires other than for disability until his or her retirement benefits commence under the federal Social Security Act, then a reduced retirement benefit payable thereafter for life in order to produce a more level retirement income when such reduced retirement benefit is added to his or her primary benefits under social security. For this purpose the primary benefits under social security shall be estimated; and (3) Other options, other than lump sum distributions, may be offered subject to the approval of the authority. (c) Notice. For any distribution notice issued in plan years beginning after December 31, 2006, any plan provision requiring that the notice requirements of Code Sections 402(f) (the rollover notice) and 411(a)(11) (member's consent to distribution) be implemented no more than 90 days prior to the annuity starting date may be implemented no more than 180 days prior to the annuity starting date. (d) Distribution of benefits. Notwithstanding any provision in the plan to the contrary, the distribution of a member's benefits, whether under the plan or through the purchase of an annuity contract, shall be made in accordance with the requirements of subsections (e) through (u) of this section and shall otherwise comply with Code Section 401(a)(9) and the regulations thereunder, including Regulation 1.401(a)(9)-6. (e)(1) General rules. Except as otherwise provided in this section, distributions of the member's accrued benefit shall be paid in the form of periodic annuity payments for the member's life or the joint lives of the member and beneficiary or over a period certain that does not exceed the maximum length of the period certain determined in accordance with subsection (g) of this section. The interval between payments for the annuity shall be uniform over the entire distribution period and shall not exceed one year. Once payments have commenced over a period, the period may only be changed in accordance with subsection (n) of this section. Life or joint and survivor annuity payments must satisfy the minimum distribution incidental benefit requirements of subsection (f) of this section. Except as otherwise provided in this section, such as permitted increases described in subsection (o) of this section, all payments, whether paid over a member's life, joint lives, or a period certain, also shall be nonincreasing. (2) Annuity commencement. Annuity payments shall commence on or before the member's required beginning date, within the meaning of A-2 of Regulation 1.401(a)(9)-2. The first payment, which shall be made on or before the member's required beginning date, shall be the payment which is required for one payment interval. The second payment need not be made until the end of the next payment

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interval even if that payment interval ends in the next calendar year. Similarly, in the case of distributions commencing after death in accordance with Code Section 401(a)(9)(B)(iii) and (iv), the first payment, which shall be made on or before the date determined under A-3(a) or (b), whichever is applicable, of Regulation 1.401(a)(9)-3, must be the payment which is required for one payment interval. Payment intervals are the periods for which payments are received: bimonthly, monthly, semiannually, or annually. All benefit accruals as of the last day of the first distribution calendar year must be included in the calculation of the amount of annuity payments for payment intervals ending on or after the member's required beginning date. (3) Single sum distributions.
(A) In the case of a single sum distribution of a member's entire accrued benefit during a distribution calendar year, the amount that is the required minimum distribution for the distribution calendar year, and thus not eligible for rollover under Code Section 402(c), is determined using either the rule in paragraph (1) of subsection (d) of this section or the rule in subparagraph (B) of paragraph (4) of this subsection. (B) The portion of the single sum distribution that is a required minimum distribution is determined by treating the single sum distribution as a distribution from an individual account plan and treating the amount of the single sum distribution as the member's account balance as of the end of the relevant valuation calendar year. If the single sum distribution is being made in the calendar year containing the required beginning date and the required minimum distribution for the member's first distribution calendar year has not been distributed, the portion of the single sum distribution that represents the required minimum distribution for the member's first and second distribution calendar years is not eligible for rollover. (C) The portion of the single sum distribution that is a required minimum distribution may to be determined by expressing the member's benefit as an annuity that would satisfy this section with an annuity starting date as of the first day of the distribution calendar year for which the required minimum distribution is being determined and treating one year of annuity payments as the required minimum distribution for that year and not eligible for rollover. If the single sum distribution is being made in the calendar year containing the required beginning date and the required minimum distribution for the member's first distribution calendar year has not been made, the benefit must be expressed as an annuity with an annuity starting date as of the first day of the first distribution calendar year, and the payments for the first two distribution calendar years would be treated as required minimum distributions and not eligible for rollover. (4) Death benefits. The provisions of paragraph (1) of this subsection prohibiting increasing payments under an annuity shall apply to payments made upon the death of a member; provided, however, that for purposes of this section, an ancillary death benefit described in this paragraph may be disregarded in applying that rule. Such an ancillary death benefit is excluded in determining a member's entire interest and the rules prohibiting increasing payments shall not apply to such an ancillary death

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benefit. A death benefit with respect to a member's benefit is an ancillary death benefit for purposes of this section if:
(A) It is not paid as part of the member's accrued benefit or under any optional form of the member's benefit; and (B) The death benefit, together with any other potential payments with respect to the member's benefit that may be provided to a survivor, satisfies the incidental benefit requirement of Regulation 1.401-1(b)(1)(i). (f) Minimum distribution incidental benefit ('MDIB') requirement and incidental benefit requirement. (1) Life annuity for member. If the member's benefit is paid in the form of a life annuity for the life of the member satisfying Code Section 401(a)(9) without regard to the minimum distribution incidental benefit ('MDIB') requirement, the MDIB requirement of Code Section 401(a)(9)(G) will be satisfied. (2) Joint and survivor annuity, spouse beneficiary. If the member's sole beneficiary, as of the annuity starting date for annuity payments, is the member's spouse and the distributions satisfy Code Section 401(a)(9) without regard to the MDIB requirement, the distributions to the member shall be deemed to satisfy the MDIB requirement of Code Section 401(a)(9)(G). (3) Joint and survivor annuity, nonspouse beneficiary - explanation of rule. If distributions commence under a distribution option that is in the form of a joint and survivor annuity for the joint lives of the member and a beneficiary other than the member's spouse, the MDIB requirement will not be satisfied as of the date distributions commence unless under the distribution option the annuity payments to be made on and after the member's required beginning date will satisfy the conditions of this paragraph. The periodic annuity payment payable to the survivor must not at any time on and after the member's required beginning date exceed the applicable percentage of the annuity payment payable to the member using the table located in Regulation 1.401(a)(9)-6, which is incorporated herein by reference as if set forth verbatim. The applicable percentage is based on the adjusted member beneficiary age difference. The adjusted member beneficiary age difference is determined by first calculating the excess of the age of the member over the age of the beneficiary based on their ages on their birthdays in a calendar year. Then, if the member is younger than age 70, the age difference determined in the previous sentence is reduced by the number of years that the member is younger than age 70 on the member's birthday in the calendar year that contains the annuity starting date. In the case of an annuity that provides for increasing payments, the requirement of this paragraph will not be violated merely because benefit payments to the beneficiary increase, provided the increase is determined in the same manner for the member and the beneficiary. (4) Period certain and annuity features. If a distribution form includes a period certain, the amount of the annuity payments payable to the beneficiary need not be reduced during the period certain, but in the case of a joint and survivor annuity with a period certain, the amount of the annuity payments payable to the beneficiary must satisfy paragraph (3) of this subsection after the expiration of the period certain.

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(5) Deemed satisfaction of incidental benefit rule. Except in the case of distributions with respect to a member's benefit that include an ancillary death benefit described in paragraph (5) of subsection (e) of this subsection, to the extent the incidental benefit requirement of Regulation 1.401-1(b)(1)(i) requires a distribution, such requirement is deemed to be satisfied if distributions satisfy the MDIB requirement of this subsection. If the member's benefits include an ancillary death benefit described in paragraph (5) of subsection (e) of this subsection, the benefits, including the ancillary death benefit, shall be distributed in accordance with the incidental benefit requirement described in Regulation 1.401-1(b)(1)(i) and the benefits, excluding the ancillary death benefit, shall also satisfy the MDIB requirement of this subsection. (g) Length of period certain. (1) Distributions commencing during the member's life. The period certain for any annuity distributions commencing during the life of the member with an annuity starting date on or after the member's required beginning date generally is not permitted to exceed the applicable distribution period for the member, determined in accordance with the Uniform Lifetime Table in A-2 of Regulation 1.401(a)(9)-9, for the calendar year that contains the annuity starting date; provided, however, that if the member's sole beneficiary is the member's spouse, the period certain is permitted to be as long as the joint life and last survivor expectancy of the member and the member's spouse, if longer than the applicable distribution period for the member, provided the period certain is not provided in conjunction with a life annuity under paragraph (2) of subsection (e) of this section. (2) Distributions commencing after the member's death.
(A) If annuity distributions commence after the death of the member under the life expectancy rule under Code Section 401(a)(9)(B)(iii) or (iv), the period certain for any distributions commencing after death shall not exceed the applicable distribution period determined under A-5(b) of Regulation 1.401(a)(9)-5 for the distribution calendar year that contains the annuity starting date. (B) If the annuity starting date is in a calendar year before the first distribution calendar year, the period certain may not exceed the life expectancy of the designated beneficiary using the beneficiary's age in the year that contains the annuity starting date. (h) Distributions from an annuity contract from an insurance company. The plan will not fail to satisfy Code Section 401(a)(9) merely because distributions are made from an annuity contract which is purchased with the member's benefit by the plan from an insurance company as long as the payments satisfy the requirements of this section. If the annuity contract is purchased after the required beginning date, the first payment interval must begin on or before the purchase date, and the payment required for one payment interval must be made no later than the end of such payment interval. (i) Distribution of additional benefits after the member's first distribution calendar year. (1) Annuity distributions. In the case of annuity distributions under the plan, if any additional benefits accrue in a calendar year after the member's first distribution calendar year, distribution of the amount that accrues in the calendar year must

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commence in accordance with subsection (e) of this section, beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (2) Administrative delay. The plan will not fail to satisfy Code Section 401(a)(9) merely because there is an administrative delay in the commencement of the distribution of the additional benefits accrued in a calendar year, provided that the actual payment of such amount commences as soon as practicable; provided, further, that payment must commence no later than the end of the first calendar year following the calendar year in which the additional benefit accrues, and the total amount paid during such first calendar year must be no less than the total amount that was required to be paid during that year under this subsection. (j) Portion of a member's benefit not vested. In the case of annuity distributions from the plan, if any portion of the member's benefit is not vested as of December 31 of a distribution calendar year, the portion that is not vested as of such date will be treated as not having accrued for purposes of determining the required minimum distribution for that distribution calendar year. When an additional portion of the employee's benefit becomes vested, such portion shall be treated as an additional accrual. (k) Certain distributions that commence before member's required beginning date. (1) General rule. If distributions commence to a member on a date before the member's required beginning date over a period permitted under Code Section 401(a)(9)(A)(ii) and the distribution form is an annuity under which distributions are made in accordance with the provisions of subsection (e) of this section, the annuity starting date shall be treated as the required beginning date for purposes of applying the rules of subsection (o) of this section and Regulation 1.401(a)(9)-2. Thus, for example, the designated beneficiary distributions will be determined as of the annuity starting date. Similarly, if the member dies after the annuity starting date but before the required beginning date determined under A-2 of Treasury Regulation 1.401(a)(9)-2, after the member's death the remaining portion of the member's interest must continue to be distributed in accordance with subsection (o) of this section over the remaining period over which distributions commenced. The rules in Regulation 1.401(a)(9)-3 and Code Section 401(a)(9)(B)(ii) or (iii) and (iv) shall not apply. (2) Period certain. If, as of the member's birthday in the year that contains the annuity starting date, the age of the member is less than 70 years of age, the provisions of this paragraph shall be used in applying the provisions of paragraph (1) of subsection (g) of this section. The applicable distribution period for the member is the distribution period for age 70, determined in accordance with the Uniform Lifetime Table in A-2 of Treasury Regulation 1.401(a)(9)-9, plus the excess of 70 over the age of the member as of the member's birthday in the year that contains the annuity starting date. (3) Adjustment to member beneficiary age difference. For the determination of the adjusted member beneficiary age difference in the case of a member whose age on the annuity starting date is less than 70, the provisions of paragraph (3) of subsection (f) of this section shall apply.

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(l) Certain distributions to member's surviving spouse. If distributions commence to the surviving spouse of a member over a period permitted under Code Section 401(a)(9)(B)(iii)(II) before the date on which distributions are required to commence and the distribution form is an annuity under which distributions are made as of the date distributions commence in accordance with the provisions of subsection (g) of this section, distributions will be considered to have begun on the actual commencement date for purposes of Code Section 401(a)(9)(B)(iv)(II). Consequently, in such case, A5 of Treasury Regulation 1.401(a)(9)-3 and Code Section 401(a)(9)(B)(ii) and (iii) shall not apply upon the death of the surviving spouse as though the surviving spouse were the member. Instead, the annuity distributions must continue to be made, in accordance with the provisions of subsection (e) of this section, over the remaining period over which distributions commenced. (m) Annuitization of certain annuity contracts.
(1) General rule. Prior to the date that an annuity contract under an individual account plan is annuitized, the interest of a member or beneficiary under that contract is treated as an individual account for purposes of Code Section 401(a)(9). Thus, the required minimum distribution for any year with respect to that interest is determined under Regulation 1.401(a)(9)-5 rather than this subsection. (2) Entire interest. For purposes of applying the rules in Regulation 1.401(a)(9)-5, the entire interest under the annuity contract as of December 31 of the relevant valuation calendar year is treated as the account balance for the valuation calendar year described in A-3 of Code Section 1.401(a)(9)-5. The entire interest under an annuity contract is the dollar amount credited to the member or beneficiary under the contract plus the actuarial present value of any additional benefits, such as survivor benefits in excess of the dollar amount credited to the member or beneficiary, that will be provided under the contract. However, paragraph (3) of this subsection describes certain additional benefits that may be disregarded in determining the member's entire interest under the annuity contract. The actuarial present value of any additional benefits described under this subsection shall be determined using reasonable actuarial assumptions, including reasonable assumptions as to future distributions, and without regard to an individual's health. (3) Exclusions.
(A) The actuarial present value of any additional benefits provided under an annuity contract described in paragraph (2) of this subsection may be disregarded if the sum of the dollar amount credited to the member or beneficiary under the contract and the actuarial present value of the additional benefits is no more than 120 percent of the dollar amount credited to the member or beneficiary under the contract and the contract provides only for the following additional benefits:
(i) Additional benefits that, in the case of a distribution, are reduced by an amount sufficient to ensure that the ratio of such sum to the dollar amount credited does not increase as a result of the distribution, and

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(ii) An additional benefit that is the right to receive a final payment upon death that does not exceed the excess of the premiums paid less the amount of prior distributions. (B) If the only additional benefit provided under the contract is the additional benefit described in division (ii) of subparagraph (A) of this paragraph, the additional benefit may be disregarded regardless of its value in relation to the dollar amount credited to the member or beneficiary under the contract. (n) Change of an annuity payment period. (1) In general. An annuity payment period may be changed in accordance with the provisions set forth in paragraph (2) of this subsection or in association with an annuity payment increase described in subsection (o) of this section. (2) Reannuitization. If, in a stream of annuity payments that otherwise satisfies Code Section 401(a)(9), the annuity payment period is changed and the annuity payments are modified in association with that change, this modification will not cause the distributions to fail to satisfy Code Section 401(a)(9) provided the conditions set forth in paragraph (3) of this subsection are satisfied and: (A) The modification occurs at the time that the member retires or in connection with a plan termination; (B) The annuity payments prior to modification are annuity payments paid over a period certain without life contingencies; or (C) The annuity payments after modification are paid under a qualified joint and survivor annuity over the joint lives of the member and a designated beneficiary, the member's spouse is the sole designated beneficiary, and the modification occurs in connection with the member becoming married to such spouse. (3) Conditions. In order to modify a stream of annuity payments in accordance with paragraph (2) of this subsection, the following conditions must be satisfied: (A) The future payments under the modified stream satisfy Code Section 401(a)(9) and this subsection, determined by treating the date of the change as a new annuity starting date and the actuarial present value of the remaining payments prior to modification as the entire interest of the member; (B) For purposes of Code Sections 415 and 417, the modification is treated as a new annuity starting date; (C) After taking into account the modification, the annuity stream satisfies Code Section 415, determined at the original annuity starting date, using the interest rates and mortality tables applicable to such date; and (D) The end point of the period certain, if any, for any modified payment period is not later than the end point available under Code Section 401(a)(9) to the member at the original annuity starting date. (o) Certain annuity payment increases. (1) General rules. Except as otherwise provided in this subsection, all annuity payments, whether paid over a member's life, joint lives, or a period certain, shall be nonincreasing or shall increase only in accordance with one or more of the following:

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(A) With an annual percentage increase that does not exceed the percentage increase in an eligible cost-of-living index as defined in paragraph (2) of this subsection for a 12 month period ending in the year during which the increase occurs or the prior year; (B) With a percentage increase that occurs at specified times, such as specified ages, and does not exceed the cumulative total of annual percentage increases in an eligible cost-of-living index as defined in paragraph (2) of this subsection since the annuity starting date, or if later, the date of the most recent percentage increase; provided, however, that in cases providing such a cumulative increase, an actuarial increase may not be provided to reflect the fact that increases were not provided in the interim years; (C) To the extent of the reduction in the amount of the member's payments to provide for a survivor benefit, but only if there is no longer a survivor benefit because the beneficiary whose life was being used to determine the period described in Code Section 401(a)(9)(A)(ii) over which payments were being made dies or is no longer the member's beneficiary pursuant to a qualified domestic relations order within the meaning of Code Section 414(p); (D) To pay increased benefits that result from a plan amendment; (E) To allow a beneficiary to convert the survivor portion of a joint and survivor annuity into a single sum distribution upon the member's death; or (F) To the extent increases are permitted in accordance with paragraph (3) or (4) of this subsection. (2) Definitions. For purposes of this subsection, the term: (A) 'Acceleration of payments' means a shortening of the payment period with respect to an annuity or a full or partial commutation of the future annuity payments. An increase in the payment amount will be treated as an acceleration of payments in the annuity only if the total future expected payments under the annuity, including the amount of any payment made as a result of the acceleration, is decreased as a result of the change in payment period. (B) 'Actuarial gain' means the difference between an amount determined using the actuarial assumptions, including investment return, mortality, expense, and other similar assumptions, used to calculate the initial payments before adjustment for any increases and the amount determined under the actual experience with respect to those factors. Actuarial gain also includes differences between the amount determined using actuarial assumptions when an annuity was purchased or commenced and such amount determined using actuarial assumptions used in calculating payments at the time the actuarial gain is determined. (C) 'Eligible cost-of-living index' means:
(i) A consumer price index that is based on prices of all items, or all items excluding food and energy, and issued by the Bureau of Labor Statistics, including an index for a specific population, such as urban consumers or urban wage earners and clerical workers, and an index for a geographic area or areas, such as a given metropolitan area or state;

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(ii) A percentage adjustment based on a cost-of-living index described in subparagraph (B) of this paragraph, or a fixed percentage if less. In any year when the cost-of-living index is lower than the fixed percentage, the fixed percentage may be treated as an increase in an eligible cost-of-living index, provided it does not exceed the sum of:
(I) The cost-of-living index for that year; and (II) The accumulated excess of the annual cost-of-living index from each prior year over the fixed annual percentage used in that year, reduced by any amount previously utilized under this division; or (iii) A percentage adjustment based on the increase in compensation for the position held by the member at the time of retirement and provided under the terms of a governmental plan within the meaning of Code Section 414(d) as in effect on April 17, 2002. (D) 'Total future expected payments' means the total future payments expected to be made under the annuity contract as of the date of the determination, calculated using the Single Life Table in A-1 of Regulation 1.401(a)(9)-9 or, if applicable, the joint and Last Survivor Table in A-3 of in Regulation 1.401(a)(9)-9, for annuitants who are still alive, without regard to any increases in annuity payments after the date of determination and taking into account any remaining period certain. (E) 'Total value being annuitized' means: (i) In the case of annuity payments under a Section 403(a) annuity plan or under a deferred annuity purchased by a Section 401(a) trust, the value of the member's entire interest (within the meaning of subsection (m) of this section) being annuitized, valued as of the date annuity payments commence; (ii) In the case of annuity payments under an immediate annuity contract purchased by a trust for a defined benefit plan qualified under Section 401(a), the amount of the premium used to purchase the contract; and (iii) In the case of a defined contribution plan, the value of the member's account balance used to purchase an immediate annuity under the contract. (3) Additional permitted increases for annuity payments under annuity contracts purchased from insurance companies. In the case of annuity payments paid from an annuity contract purchased from an insurance company, if the total future expected payments, determined in accordance with subparagraph (D) of paragraph (2) of this subsection, exceed the total value being annuitized, within the meaning of subparagraph (E) of paragraph (2) of this subsection, the payments under the annuity will not fail to satisfy the nonincreasing payment requirement in paragraph (1) of subsection (e) of this section merely because the payments are increased in accordance with one or more of the following: (A) By a constant percentage, applied not less frequently than annually; (B) To provide a final payment upon the death of the member that does not exceed the excess of the total value being annuitized within the meaning of subparagraph (E) of paragraph (2) of this subsection over the total of payments before the death of the member;

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(C) As a result of dividend payments or other payments that result from actuarial gains within the meaning of subparagraph (B) of paragraph (2) of this subsection, but only if actuarial gain is measured no less frequently than annually and the resulting dividend payments or other payments are either paid no later than the year following the year for which the actuarial experience is measured or paid in the same form as the payment of the annuity over the remaining period of the annuity, beginning no later than the year following the year for which the actuarial experience is measured; and (D) An acceleration of payments under the annuity within the meaning of subparagraph (A) of paragraph (2) of this subsection. (4) Additional permitted increases for annuity payments from a qualified trust. In the case of annuity payments paid under a defined benefit plan qualified under Code Section 401(a), other than annuity payments under an annuity contract purchased from an insurance company that satisfy paragraph (3) of this subsection, the payments under the annuity will not fail to satisfy the nonincreasing payment requirement in subsection (e) of this section merely because the payments are increased in accordance with one of the following: (A) By a constant percentage, applied not less frequently than annually, at a rate that is less than 5 percent per year; (B) To provide a final payment upon the death of the member that does not exceed the excess of the actuarial present value of the member's accrued benefit, within the meaning of Code Section 411(a)(7), calculated as the annuity starting date using the applicable interest rate and the applicable mortality table under Code Section 417(e), or, if greater, the total amount of member contributions, over the total of payments before the death of the member; or (C) As a result of dividend payments or other payments that result from actuarial gains within the meaning of subparagraph (B) of paragraph (2) of this subsection, but only if:
(i) Actuarial gain is measured no less frequently than annually; (ii) The resulting dividend payments or other payments are either paid no later than the year following the year for which the actuarial experience is measured or paid in the same form as the payment of the annuity over the remaining period of the annuity, beginning no later than the year following the year for which the actuarial experience is measured; (iii) The actuarial gain taken into account is limited to actuarial gain from investment experience; (iv) The assumed interest used to calculate such actuarial gains is not less than 3 percent; and (v) The payments are not increasing by a constant percentage as described in subparagraph (A) of this paragraph. (p) Certain payments to a surviving child. Pursuant to Code Section 401(a)(9)(F), payments under a defined benefit plan or annuity contract that are made to a member's child until such child reaches the age of majority or dies, if earlier, may be treated, for

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purposes of Code Section 401(a)(9), as if such payments were made to the surviving spouse to the extent they become payable to the surviving spouse upon cessation of the payments to the child. For purposes of the preceding sentence, a child may be treated as having not reached the age of majority if the child has not completed a specified course of education and is under the age of 26. In addition, a child who is disabled within the meaning of Code Section 72(m)(7) when the child reaches the age of majority may be treated as having not reached the age of majority so long as the child continues to be disabled. Thus, when payments described in this subsection become payable to the surviving spouse because the child attains the age of majority, recovers from a disabling illness, dies, or completes a specified course of education, there is not an increase in benefits under subsection (e) of this section. Likewise, the age of the child receiving such payments is not taken into consideration for purposes of the minimum incidental benefit requirement of subsection (f) of this section. (q) Annuity payments under a governmental plan.
(1) Except as provided in paragraph (2) of subsection (g) of this section, annuity payments under a governmental plan within the meaning of Code Section 414(d) must satisfy this section. (2) In the case of an annuity distribution option provided under the terms of a governmental plan in effect on April 17, 2002, the plan will not fail to satisfy Code Section 401(a)(9) merely because the annuity payments do not satisfy the requirements of subsections (f) through (t) of this section, provided the distribution option satisfies Code Section 401(a)(9) based on a reasonable and good faith interpretation of the provisions of Code Section 401(a)(9). (r) Required minimum distribution rules for 2003, 2004, and 2005. A distribution from a defined benefit plan or annuity contract for calendar years 2003, 2004, and 2005 will not fail to satisfy Code Section 401(a)(9) merely because the payments do not satisfy subsections (e) through (g) of this section, provided the payments satisfy Code Section 401(a)(9) based on a reasonable and good faith interpretation of the provisions of Code Section 401(a)(9). For governmental plans, this reasonable good faith standard extends to the end of the calendar year that contains the ninetieth day after the opening of the first legislative session of the General Assembly that begins on or after June 15, 2004, if such ninetieth day is later than December 31, 2005. (s) Minimum distributions. With respect to distributions under the plan made for calendar years beginning on or after January 1, 2001, but prior to October 1, 2006, the plan will apply the minimum distribution requirements of Code Section 401(a)(9) in accordance with the regulations under Code Section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the plan to the contrary. Such provision shall continue in effect until the end of the last calendar year beginning before the effective date of final regulations under Code Section 401(a)(9) or such other date as may be specified in guidance published by the Internal Revenue Service. With respect to distributions under the plan made for calendar years beginning on or after October 1, 2006, the plan will apply the minimum distribution requirements of Code Section 401(a)(9) in accordance with the Final Regulations Section 1.401(a)(9)-6.

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(t) Contracts nontransferable. All annuity contracts under this plan shall be nontransferable when distributed. (u) Applicability. Subject to the spouse's right of consent afforded under the plan, the restrictions imposed by this section shall not apply if a member has, prior to January 1, 1984, made a written designation to have retirement benefits paid in an alternative method acceptable under Code Section 401(a) in effect prior to the enactment of the federal Tax Equity and Fiscal Responsibility Act of 1982, 'TEFRA.'
5.11 TIME OF DISTRIBUTION. (a) Whenever a distribution is to be made, or a series of payments are to commence, the distribution or series of payments may be made or begun on such date or as soon thereafter as is practicable; provided, however, that unless a former member elects in writing to defer the receipt of benefits, such election may not result in a death benefit that is more than incidental and the payment of benefits shall begin not later than the sixtieth day after the close of the plan year in which the latest of the following events occurs:
(1) The date on which the member attains normal retirement age; (2) The tenth anniversary of the year in which the member commenced participation in the plan; or (3) The date the member terminates service with the employer. (b) Notwithstanding the provisions of subsection (a) of this section, the failure of a member and, if applicable, the member's spouse to consent to a distribution that is immediately distributable shall be deemed to be an election to defer the commencement of payment of any benefit sufficient to satisfy this section.
5.12 DISTRIBUTION FOR MINOR OR INCOMPETENT BENEFICIARY. In the event a distribution is to be made to a minor or incompetent beneficiary, the administrator may direct that such distribution be paid to the legal guardian or, if none in the case of a minor beneficiary, to a parent or custodian for such beneficiary under the federal Uniform Gift to Minors Act or Gift to Minors Act if such is permitted by the laws of the state in which said beneficiary resides. Such a payment to the legal guardian, parent, or custodian of a minor or incompetent beneficiary shall fully discharge the trustee, employer, and plan from further liability on account thereof.
5.13 LOCATION OF MEMBER OR BENEFICIARY UNKNOWN. In the event that all, or any portion, of the distribution payable to a member or beneficiary under the plan shall, at the member's attainment of normal retirement age, remain unpaid solely by reason of the inability of the administrator, after sending a registered letter, return receipt requested, to the last known address and after further diligent effort to ascertain the whereabouts of such member or beneficiary, the amount so distributable shall be treated as a forfeiture pursuant to the plan; provided, however, that if the value of a member's vested benefit derived from employer and employee contributions does not exceed $1,000.00, then the amount distributable may be treated

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as a forfeiture at the time it is determined that the whereabouts of the member or the member's beneficiary can not be ascertained. In the event a member or beneficiary is located subsequent to the forfeiture, such benefit shall be restored; however, a benefit that is lost by reason of escheat under applicable state law is not treated as a forfeiture for purposes of this section nor as an impermissible forfeiture under the Code.
5.14 ASSIGNMENT OF BENEFITS; QUALIFIED DOMESTIC RELATIONS ORDER.
(a)(1)(A) No benefit payment or portion of the pension fund contributed by member employees or officers shall be subject to assignment or used as collateral for any claim or debt of any kind or character by any person, firm, or corporation whatsoever. (B) The provisions of this paragraph shall not apply to the exception of the authority or the Macon Water Works Credit Union, referred to in this section as 'the credit union,' and then only for money lawfully owing to the authority or the credit union by any particular member; provided, however, that the provisions of this subparagraph shall apply only to a member whose service with the authority has been terminated and shall be limited to such member's benefit payments and contributions to the pension fund made prior to the member's completion of ten years of service. (2)(A) Neither a member nor any beneficiary shall have any right to alienate, commute, anticipate, or assign any of the benefits, payments, proceeds, or distributions of the plan, except to the authority or the credit union, as provided in paragraph (1) of this subsection. (B) If a member or any beneficiary attempts to dispose of any benefits or the right to dispose of such benefits provided under the plan, or if there is an effort to seize such benefits or the right to receive such benefits by attachment, execution, or other legal or equitable process by any entity other than the authority or the credit union, then the pension committee, in its discretion, may pass and transfer the benefit or right in such shares as the pension committee determines to one or more persons from among the beneficiaries, if any, designed by the member or to the spouse, children, or other dependents of the member. The pension committee may revoke any such appointment at any time and make further appointments to other persons, including to the member.
5.15 DIRECT ROLLOVERS. (a) Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) As used in this subsection, the term:

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(1) 'Direct rollover' means a payment by the plan to the eligible retirement plan specified by the distributee. (2) 'Distributee' includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code Section 414(p), are distributees with regard to the interest of the spouse or former spouse. (3) 'Eligible retirement plan' means an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b) other than an endowment contract, a qualified trust, an employees' trust described in Code Section 401(a) which is exempt from taxation under Code Section 501(a), an annuity plan described in Code Section 403(a), an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and an annuity contract described in Code Section 403(b) that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. The term shall also apply in the case of a distribution to a surviving spouse or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code Section 414(p). (4) 'Eligible rollover distribution' means any distribution described in Code Section 402(c)(4) and generally includes any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments not less frequently than annually made for the life or life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9); the portion of any other distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities; and any other distribution reasonably expected to total less than $200.00 during a year. Any amount that is distributed on account of hardship shall not be an eligible rollover distribution, and the distributee may not elect to have any portion of such a distribution paid directly to an eligible retirement plan.
ARTICLE VI Code Section 415 limitations.
6.1 'EMPLOYER' DEFINED. As used in this article, 'employer' means the employer that adopts this plan and all affiliated employers, except that affiliated employers shall be determined pursuant to the modification made by Code Section 415(h).

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6.2 ANNUAL BENEFIT. (a)(1) The annual benefit otherwise payable to a member at any time shall not exceed the maximum permissible amount. If the benefit the member would otherwise accrue in a limitation year would produce an annual benefit in excess of the maximum permissible amount, then the benefit must be limited or the rate of accrual reduced to a benefit that does not exceed the maximum permissible amount. (2) If a member has made voluntary nondeductible employee contributions or mandatory employee contributions as defined in Code Section 411(c)(2)(C) under the terms of this plan, then the amount of such contributions is treated as an annual addition to a qualified defined contribution plan, for purposes of paragraph (1) of this subsection and paragraph (3) of subsection (b) of this section. (3) Prior to determining the member's actual Code Section 415 compensation for the limitation year, the employer may determine the maximum permissible amount for a member on the basis of a reasonable estimate of the member's Code Section 415 compensation for the limitation year, uniformly determined for all members similarly situated. As soon as is administratively feasible after the end of the limitation year, the maximum permissible amount for such limitation year shall be determined based on the member's actual Code Section 415 compensation for such limitation year. (b)(1) This subsection applies if, in addition to this plan, a member is covered under another qualified defined benefit plan maintained by the employer; a welfare benefit fund, as defined in Code Section 419(e), maintained by the employer; an individual medical account, as defined in Code Section 415(l)(2), maintained by the employer; or a simplified employee pension, as defined in Code Section 408(k), maintained by the employer that provides annual additions during any limitation year. (2) If a member is, or has ever been, covered under more than one defined benefit plan maintained by the employer, then the sum of the member's annual benefits from all such plans may not exceed the maximum permissible amount. Where the member's employer provided benefits under all defined benefit plans ever maintained by the employer exceed the maximum permissible amount applicable at that age, then the rate of accrual in this defined benefit plan shall be reduced to the extent necessary so that the total annual benefits payable at any time under such plans will not exceed the maximum permissible amount applicable at that age. (3) Prior to determining the member's actual Code Section 415 compensation for the limitation year, the employer may determine the maximum permissible amount for a member on the basis of a reasonable estimate of the member's Code Section 415 compensation for the limitation year, uniformly determined for all members similarly situated. As soon as is administratively feasible after the end of the limitation year, the maximum permissible amount for such limitation year shall be determined based on the member's actual Code Section 415 compensation for such limitation year.
(c) As used in this section, the term: (1) 'Annual additions' means the sum of the following amounts credited to a member's account for the limitation year: (A) Employer contributions;

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(B) Forfeitures; (C) Employee contributions; (D) Amounts allocated to an individual medical account, as defined in Code Section 415(l)(2), that is part of a pension or annuity plan maintained by the employer; (E) Amounts derived from contributions paid or accrued that are attributable to postretirement medical benefits allocated to the separate account of a key employee, as defined in Code Section 419A(d)(3), under a welfare benefit fund maintained by the employer; and (F) Allocations under a simplified employee pension. (2)(A) 'Annual benefit' means a retirement benefit under the plan which is payable annually in the form of a straight life annuity. Except as otherwise provided in this paragraph, a benefit payable in a form other than a straight life annuity must be adjusted to an actuarially equivalent straight life annuity before applying the limitations of this article. This straight life annuity is equal to the greater of the annuity benefit computed using the interest rate and mortality table, or other tabular factor, specified in Section 1.2 of the plan for adjusting benefits in the same form or the annuity benefit computed using a 5 percent interest rate assumption and the applicable mortality table defined in Section 1.2 of the plan. (B) In determining the actuarially equivalent straight life annuity for a benefit form other than a nondecreasing annuity payable for a period of not less than the life of the member or, in the case of a qualified preretirement survivor annuity, the life of the surviving spouse or decreases during the life of the member merely because of (i) the death of the survivor annuitant, but only if the reduction is not below 50 percent of the annual benefit payable before the death of the survivor annuitant, or (ii) the cessation or reduction of Social Security supplements of qualified disability payments, as defined in Code Section 401(a)(11), the applicable interest rate, as defined in plan Section 1.2 of the plan, will be substituted for a 5 percent interest rate assumption in subparagraph (A) of this paragraph. No actuarial adjustment to the benefit is required for (i) the value of a qualified joint and survivor annuity, (ii) benefits that are not directly related to retirement benefits, such as the qualified disability benefit, preretirement death benefits, and postretirement medical benefits, and (iii) the value of postretirement cost-of-living increases made in accordance with Code Section 415(d) and Regulation 1.415-3(c)(2)(iii). (C) The 'annual benefit' does not include any benefits attributable to employee contributions or rollover contributions or the assets transferred from a qualified plan that was not maintained by the employer. (3) 'Code Section 415 compensation' means a member's Section 3401(a) wages and shall be based on the full limitation year regardless of when participation in the plan commences. With respect to limitation years beginning after December 31, 1997, Code Section 415 compensation shall include any elective deferral, as defined in Code Section 402(g)(3), and any amount which is contributed or deferred by the employer at the election of the participant and which is not includible in the gross

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income of the participant by reason of Code Sections 125 and 457 and, for limitation years beginning on or after January 1, 2001, Code Section 132(f). For limitation years prior to January 1, 1998, Code Section 415 compensation shall exclude those amounts. If a member does not participate in, and has never participated in, another qualified plan maintained by the employer; a welfare benefit fund, as defined in Code Section 419(e), maintained by the employer; an individual medical account, as defined in Code Section 415(l)(2), maintained by the employer; or a simplified employee pension, as defined in Code Section 408(k), maintained by the employer that provides annual additions during any limitation year, then subsection (b) of this section is also applicable to that member's benefits. (4) 'Defined benefit compensation limitation' means 100 percent of a member's high three-year average compensation, payable in the form of a straight life annuity. In the case of a member who has separated from service, the defined benefit compensation limitation applicable to the member will be automatically adjusted by multiplying such limitation by the cost-of-living adjustment factor prescribed by the United States Secretary of the Treasury under Code Section 415(d) in such manner as the secretary shall prescribe. The adjusted compensation limit will apply to limitation years ending with or within the calendar year of the date of the adjustment; however, because the plan is a governmental plan, this provision is not applicable. (5) 'Defined benefit dollar limitation' means $160,000.00 automatically adjusted, effective January 1 of each year, under Code Section 415(d) in such manner as the secretary shall prescribe and payable in the form of a straight life annuity. The new limitation will apply to limitation years ending with or within the calendar year of the date of the adjustment. (6) 'High three-year average compensation' means the average Code Section 415 compensation for the three consecutive years of service with the employer that produces the highest average. In the case of a member who has separated from service, the member's highest average compensation will be automatically adjusted by multiplying such compensation by the cost of living adjustment factor prescribed by the United States Secretary of the Treasury under Code Section 415(d) in such manner as the secretary shall prescribe. The adjusted compensation amount will apply to limitation years ending within the calendar year of the date of the adjustment; however, because the plan is a governmental plan, this provision is not applicable. (7) 'Maximum permissible amount' means:
(A) The lesser of the defined benefit dollar limitation or the defined benefit compensation limitation, both adjusted where required, however, because the plan is a governmental plan, the defined benefit compensation limitation is not applicable; (B) If the member has fewer than ten years of participation in the plan, the defined benefit dollar limitation shall be multiplied by a fraction, the numerator of which is the number of years or part of a year of participation in the plan and the denominator of which is ten. In the case of a member who has fewer than ten years of service with the employer, the defined benefit compensation limitation shall be

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multiplied by a fraction, the numerator of which is the number of years or part of a year of service with the employer and the denominator of which is ten; (C) If the benefit of a member begins prior to age 62, the defined benefit dollar limitation applicable to the member at such earlier age is an annual benefit payable in the form of a straight life annuity beginning at the earlier age that is the actuarial equivalent of the defined benefit dollar limitation applicable to the member at age 62, adjusted as provided in subparagraph (D) of this paragraph, if required. The defined benefit dollar limitation applicable at an age prior to age 62 is determined as the lesser of the actuarial equivalent at such age of the defined benefit dollar limitation computed using the interest rate and mortality table, or other tabular factor, specified in Section 1.2 of the plan and the actuarial equivalent, at such age of the defined benefit dollar limitation computed using a 5 percent interest rate and the applicable mortality table as defined in Section 1.2 of the plan. Any decrease in the defined benefit dollar limitation determined in accordance with this subparagraph shall not reflect a mortality decrement if benefits are not forfeited upon the death of the member. If any benefits are forfeited upon death, the full mortality decrement is taken into account. (D) If the benefit of a member begins after the member attains age 65, the defined benefit dollar limitation applicable to the member at the later age is the annual benefit payable in the form of a straight life annuity beginning at the later age that is actuarially equivalent to the defined benefit dollar limitation applicable to the member at age 65 adjusted as provided in subparagraph (E) of this paragraph, if required. The actuarial equivalent of the defined benefit dollar limitation applicable at an age after age 65 is determined as the lesser of the actuarial equivalent at such age of the defined benefit dollar limitation computed using the interest rate and mortality table, or other tabular factor, specified in Section 1.2 of the plan or the actuarial equivalent at such age of the defined benefit dollar limitation computed using a 5 percent interest rate assumption and the applicable mortality table as defined in Section 1.2 of the plan. For these purposes, mortality between age 65 and the age at which benefits commence shall be ignored; and (E) Notwithstanding any other provision of this paragraph to the contrary, the benefit otherwise accrued or payable to a member under this plan shall be deemed not to exceed the maximum permissible benefit if:
(i) The retirement benefits payable for the plan year under any form of benefit with respect to such member under this plan and under all other defined benefit plans, regardless of whether terminated, ever maintained by the employer do not exceed $1,000.00 multiplied by the member's number of years of service or parts thereof not to exceed ten with the employer; and (ii) The employer has not at any time maintained a defined contribution plan in which the member participated. (8) 'Year of participation' means a year of participation, computed to fractional parts of a year, for each accrual computation period for which the following conditions are met:

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(A) The member is credited with at least the number of hours of service for benefit accrual purposes required under the terms of the plan in order to accrue a benefit for the accrual computation period; and (B) The member is included as a member under the eligibility provisions of the plan for at least one day of the accrual computation period. If such conditions are met, the portion of a year of participation credited to the member shall equal the amount of benefit accrual service credited to the member for such accrual computation period. A member who is permanently and totally disabled within the meaning of Code Section 415(c)(3)(C)(i) for an accrual computation period shall receive a year of participation with respect to that period. In addition, for a member to receive a year of participation, or part thereof, for an accrual computation period, the plan must be established no later than the last day of such accrual computation period. In no event will more than one year of participation be credited for any 12 month period.
6.3 FINAL CODE SECTION 415 REGULATIONS. (a) Effective date. The limitations of this section shall apply in limitation years that begin more than 90 days after the close of the first regular legislative session of the General Assembly that begins on or after July 1, 2007. (b) Grandfather provision. The application of the provisions of this section shall not cause the maximum permissible benefit for any member to be less than the member's accrued benefit under all the defined benefit plans of the employer or a predecessor employer as of the end of the last limitation year beginning before July 1, 2007, under provisions of the plans that were both adopted and in effect before April 5, 2007, but only if the provisions of such defined benefit plans that were both adopted and in effect before April 5, 2007, satisfied the applicable requirements of statutory provisions, regulations, and other published guidance relating to Code Section 415 in effect as of the end of the last limitation year beginning before July 1, 2007, as described in Section 1.415(a)-1(g)(4) of the federal Department of Treasury regulations. (c) Incorporation by reference. Notwithstanding anything contained in the plan to the contrary, the limitations, adjustments, and other requirements prescribed in the plan shall comply with the provisions of Code Section 415 and the final regulations promulgated thereunder, the terms of which are specifically incorporated herein by reference as of the effective date of this section, except where an earlier effective date is otherwise provided in the final regulations or herein; provided, however, that where the final regulations permit the plan to specify an alternative option to a default option set forth in the regulations, and the alternative option was available under statutory provisions, regulations, and other published guidance relating to Code Section 415 as in effect prior to April 5, 2007, and the plan provisions in effect as of April 5, 2007, incorporated the alternative option, said alternative option shall remain in effect as a plan provision for limitation years beginning on or after July 1, 2007, unless another permissible option is selected in this section.

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(d) High three-year average compensation. For purposes of the plan's provisions reflecting Code Section 415(b)(3), which is limiting the annual benefit payable to no more than 100 percent of the member's average annual compensation, a member's average compensation shall be the average compensation for the three consecutive years of service, except that a member's compensation for a year of service shall not include compensation in excess of the limitation under Code Section 401(a)(17) that is in effect for the calendar year in which such year of service begins. If the member has less than three consecutive years of service, compensation shall be averaged over the member's longest consecutive period of service, including fractions of years, but not less than one year. In the case of a member who is rehired by the employer after a severance of employment, the member's high three-year average compensation shall be calculated by excluding all years for which the member performs no services for and receives no compensation from the employer (the 'break period'), and by treating the years immediately preceding and following the break period as consecutive. Because the plan is a governmental plan, this provision is not applicable. (e) Adjustment to dollar limit after date of severance. In the case of a member who has had a severance from employment with the employer, the defined benefit dollar limitation applicable to the member in any limitation year beginning after the date of severance shall not be automatically adjusted under Code Section 415(d). (f) Compensation paid after severance from employment. For limitation years beginning on or after July 1, 2007, compensation for a limitation year, within the meaning of Code Section 415(c)(3), shall also include the following types of compensation paid by the later of two and one-half months after a member's severance from employment with the employer maintaining the plan or the end of the limitation year that includes the date of the member's severance from employment with the employer maintaining the plan. Any other payment of compensation paid after severance of employment that is not described in the following types of compensation is not considered compensation within the meaning of Code Section 415(c)(3), even if payment is made within the time period specified in this subsection:
(1) Regular pay after severance from employment. Compensation shall include regular pay after severance of employment if:
(A) The payment is regular compensation for services during the member's regular working hours or compensation for services outside the member's regular working hours, such as overtime or shift differential, commissions, bonuses, or other similar payments; and (B) The payment would have been paid to the member prior to a severance from employment if the member had continued in employment with the employer; (2) Leave cashouts and deferred compensation. Leave cashouts and deferred compensation shall be included in compensation, unless an election is made to exclude such amounts, if those amounts would have been included in the definition of compensation if they were paid prior to the member's severance from employment with the employer maintaining the plan and the amounts are either:

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(A) Payment for unused accrued bona fide sick, vacation, or other leave, but only if the member would have been able to use the leave if employment had continued; or (B) Received pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid to the member if the member had continued in employment with the employer and only to the extent that the payment is includible in the member's gross income; (3) Salary continuation payments for military service members. Compensation does not include payments to an individual who does not currently perform services for the employer by reason of qualified military service, as that term is used in Code Section 414(u)(1), to the extent those payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the employer rather than entering qualified military service; and (4) Salary continuation payments for disabled members. Compensation does not include compensation paid to a member who is permanently and totally disabled, as defined in Code Section 22(e)(3). (g) Administrative delay. Compensation for a limitation year shall not include amounts earned but not paid during the limitation year solely because of the timing of pay periods and pay dates, provided the amounts are paid during the first few weeks of the next limitation year, the amounts are included on a uniform and consistent basis with respect to all similarly situation members, and no compensation is included in more than one limitation year.
ARTICLE VII Trustee.
7.1 THE TRUST AGREEMENT. Simultaneously with the execution and delivery of this restated plan, the authority and the trustee shall execute a separate trust agreement. Such underlying trust shall hold in trust the assets and liabilities of the plan in a manner consistent with the funding requirements of the plan, for the exclusive benefit of the members, retired members, disabled members, beneficiaries, contingent beneficiaries, and spouses.
7.2 OWNERSHIP OF TRUST ASSETS. Title to the trust fund, including all funds and investments held hereunder by the trustee from time to time, shall be and remain in the trust and no member, retired or disabled member, beneficiary, contingent beneficiary, spouse, or person claiming through any of them shall have any legal or equitable rights or interest in the trust fund except to the extent that such rights or interest may be expressly granted under the provisions of the plan or the trust agreement.
7.3 EXCLUSIVE USE. In no event shall any of the principal or income of the trust fund be used for, or diverted to, purposes other than the exclusive benefit of members, retired members, disabled

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members, beneficiaries, contingent beneficiaries, and spouses, or in the payment of the expense of the plan as set forth in the trust agreement, except as provided in the plan or except at termination of the plan, and then only if all liabilities thereunder have been met.
ARTICLE VIII Plan Amendment, Termination, or Merger.
8.1 AMENDMENT. (a) The authority shall have the right at any time to amend this plan subject to the limitations of this section; provided, however, that any amendment that affects the rights, duties, or responsibilities of the trustee or administrator may only be made with the trustee's or administrator's written consent. Any such amendment shall become effective as provided therein upon its execution. The trustee shall not be required to execute any such amendment unless the amendment affects the duties of the trustee hereunder. Such an amendment shall not cause a reduction in any current or future benefit payable under the plan. (b) No amendment to the plan shall be effective if it authorizes or permits any part of the trust fund, other than such part as is required to pay taxes and administration expenses, to be used for or diverted to any purpose other than for the exclusive benefit of the members or their beneficiaries or estates; causes any reduction in the amount credited to the account of any member; or causes or permits any portion of the trust fund to revert to or become property of the employer.
8.2 TERMINATION. (a) The authority shall have the right, subject to the approval of the General Assembly, to terminate the plan at any time by delivering to the trustee and the administrator written notice of such termination. Upon any termination full or partial, all amounts shall be allocated in accordance with the provisions of the plan and the accrued benefit, to the extent funded as of such date, of each affected member shall become fully vested and shall not thereafter be subject to forfeiture. (b) Upon full termination of the plan, the employer shall direct the distribution of the assets in the trust fund to the members in a manner which is consistent with Section 5.10 of the plan. In such case, the trustee shall distribute the assets to the remaining members in the plan and to retired members in cash, in property, or through the purchase of irrevocable deferred commitments from an insurer, subject to provision for expenses of administration or liquidation. Such distributions shall be allocated in the following order to the extent of the sufficiency of such assets, basing such allocation on the accrued benefit for each such member at the date of termination of the plan:
(1) To provide pensions to retired members who have retired under the plan prior to its termination without reference to the order of retirement;

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(2) To provide normal retirement benefits to members who have reached their normal retirement dates but have not retired on the date of termination, without reference to the order in which they reached their normal retirement date; and (3) To provide normal retirement benefits to members who have not yet reached their normal retirement date on the date of termination, in the order in which they will reach their normal retirement date. Such benefits shall be based upon accrued benefits as of the date of termination. The balance, if any, of the assets due to erroneous actuarial computation after such allocation shall be returned to the employer, but only after the satisfaction of all liabilities with respect to members and pensions under the plan; provided, however, that the foregoing provision permitting a return of excess assets to the employer shall not be treated as effective until the end of the fifth calendar year following the date such a provision was first adopted and continuously remained in effect unless the plan has always provided for a return of assets. In the event the provision is not treated as effective, excess assets shall be reallocated to the members in a nondiscriminatory manner. The portion of the excess attributable to mandatory contributions will be paid to the members who made these contributions.
ARTICLE IX Miscellaneous.
9.1 MEMBERS' RIGHTS. This plan shall not be deemed to constitute a contract between the employer and any member or to be a consideration or an inducement for the employment of any member or employee. Nothing contained in this plan shall be deemed to give any member or employee the right to be retained in the service of the employer or to interfere with the right of the employer to discharge any member or employee at any time regardless of the effect such discharge shall have upon the employee as a member of this plan.
9.2 CONSTRUCTION OF PLAN. This plan and trust shall be construed and enforced according to the Official Code of Georgia Annotated.
9.3 GENDER AND NUMBER. Wherever any words are used herein in the masculine, feminine, or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply.
9.4 LEGAL ACTION. In the event any claim, suit, or proceeding is brought regarding the trust or plan or both established by the plan to which the trustee or the administrator may be a party, and

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such claim, suit, or proceeding is resolved in favor of the trustee or administrator, they shall be entitled to be reimbursed from the trust fund for any and all costs, attorney's fees, and other expenses pertaining thereto incurred by them for which they shall have become liable. Any person having any claim under the plan shall look solely to the assets of the pension fund for satisfaction. In no event shall the authority, or any of its officials, members of the pension committee, or agents, be liable in their respective individual capacities to any person whatsoever under the provisions of the system. Except for its or their willful neglect or fraud, neither the authority, the pension committee, nor any members of either body shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason whatsoever in connection with the plan or its operation, and each member releases the authority and all of its officers and agents from any and all liability or obligation. In this respect, the authority shall be the only necessary party as to any action or proceeding involving the assets held in the pension trust, or the administration thereof, and no employees or former employees of the authority or their beneficiaries or any other person having or claiming to have an interest in the plan shall be entitled to any notice or process. Any final judgment that may be entered in any such action or proceeding shall be binding and conclusive on the parties to the plan, the authority, and all persons having or claiming to have any interest in the system.
9.5 PROHIBITION AGAINST DIVERSION OF FUNDS. (a) Except as provided in this article and as otherwise specifically permitted by law, it shall be impossible by operation of the plan or of the trust, by termination of either, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement or by any other means, for any part of the corpus or income of any trust fund maintained pursuant to the plan or any funds contributed thereto to be used for, or diverted to, purposes other than the exclusive benefit of members, retired members, or their beneficiaries. (b) If plan benefits are provided through the distribution of annuity or insurance contracts, any refunds or credits in excess of plan benefits (on account of dividends, earnings, or other experience rating credits or surrender or cancellation credits) will be paid to the trust fund.
9.6 RECEIPT AND RELEASE FOR PAYMENTS. Any payment to any member, the member's legal representative or beneficiary, or any guardian or committee appointed for such member or beneficiary in accordance with the provisions of this plan shall, to the extent thereof, be in full satisfaction of all claims hereunder against the trustee and the employer.
9.7 HEADINGS. The headings and subheadings of this plan have been inserted for convenience of reference and are to be ignored in any construction of the provisions hereof.

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9.8 UNIFORMITY. All provisions of this plan shall be interpreted and applied in a uniform, nondiscriminatory manner. In the event of any conflicts between the terms of this plan and any insurance contract purchased hereunder, the plan provisions shall control.

9.9 TRANSFER. Any active member of the plan shall have the option to cease participation in the plan and transfer the value of his or her earned benefits to any future plan offered by the authority; provided, however, that any such transfer of participation shall be subject to the provisions of such other plan. Any such transfer shall be entirely voluntary."

SECTION 2. This Act shall become effective on July 1, 2012, 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, the plan shall not become effective and shall be automatically repealed in its entirety on July 1, 2012, as required by subsection (a) of Code Section 47-20-50.

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

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier

Y Heckstall Y Hembree Y Henson E Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T E Teasley Y Thomas

1208

JOURNAL OF THE HOUSE

Y Burns Byrd
Y Carson Y Carter
Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

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

Y Jordan Y Kaiser
Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler

VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 0.

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

Representative Setzler of the 35th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 472. By Representatives Smith of the 131st, Ehrhart of the 36th, Maxwell of the 17th, Lindsey of the 54th and Benfield of the 85th:

A BILL to be entitled an Act to amend Code Section 3-5-36 of the Official Code of Georgia Annotated, relating to the brewpub exception to the threetier distribution system, so as to amend the terms and conditions that exist for owners and operators of brewpubs; to increase the maximum quantity of barrels of beer that may be manufactured and sold; to remove that requirement that beer be sold solely in draft form; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the terms and conditions that exist for owners and operators of brewpubs; to provide for definitions; to increase the maximum quantity of barrels of beer that may be manufactured and sold; to remove that requirement that beer be sold solely in draft form; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 21, 2012

1209

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising paragraph (3) of Code Section 3-1-2, relating to definitions, as follows:
"(3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this article paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to subparagraph (C) of paragraph (2) of Code Section 3-5-36, shall not be used when determining the total annual gross food and beverage sales."
SECTION 2. Said title is further amended by revising paragraph (2) of Code Section 3-5-36, relating to the brewpub exception to the three-tier distribution system, as follows:
"(2) A brewpub license authorizes the holder of such license to: (A) Manufacture on the licensed premises not more than 5,000 10,000 barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form; (B) Operate an eating establishment that shall be the sole retail outlet for such beer and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers; and (C) Notwithstanding any other provision of this paragraph, sell up to a maximum of 500 5,000 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers;"
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.

1210

JOURNAL OF THE HOUSE

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter
Casas Y Channell Y Cheokas Y Clark, J
Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton
Ehrhart England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser
Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G
Manning Y Marin Y Martin Y Maxwell Y Mayo

N McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley N Taylor, D Y Taylor, R Y Taylor, T E Teasley
Thomas VACANT Y Waites Y Watson N Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 6.

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

Representative Stephens of the 161st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 634. By Representatives Sheldon of the 105th, Rice of the 51st, Coleman of the 97th, Harrell of the 106th and Casas of the 103rd:

TUESDAY, FEBRUARY 21, 2012

1211

A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to installment payment of ad valorem taxes, so as to change the provisions relative to population brackets and the census regarding interest on unpaid ad valorem taxes in each county of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, so that such provisions remain applicable to such counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams
Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley
Thomas VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

1212

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 165, nays 1.

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

HB 895. By Representatives Carter of the 175th, Collins of the 27th, Hatchett of the 143rd, Purcell of the 159th, Davis of the 109th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation and the Sexual Offender Registration Review Board, respectively, so as to provide for more effective methods of gathering information relating to sexual offenders; to extend the powers and duties of the Georgia Bureau of Investigation; to provide for the transfer of personnel to the Georgia Bureau of Investigation; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas Y Channell

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick
Gordon Y Greene

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson

TUESDAY, FEBRUARY 21, 2012

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Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Lindsey Y Long
Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler

Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 786. By Representatives Hembree of the 67th and Geisinger of the 48th:

A BILL to be entitled an Act to amend Chapter 57 of Title 33 of the Official Code of Georgia Annotated, relating to the consumers' insurance advocate, so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas

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JOURNAL OF THE HOUSE

Y Burns Byrd
Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

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

Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 169, nays 0.

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

HB 886. By Representatives Williamson of the 111th, Smyre of the 132nd, Carson of the 43rd, Battles of the 15th, Williams of the 113th and others:

A BILL to be entitled an Act to amend Code Section 7-1-285 of the Official Code of Georgia Annotated, relating to limits on obligations of one person or corporation, so as to limit certain obligations related to credit exposure as a counterparty in derivative transactions; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood
Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock

N Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal
Pak

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley

TUESDAY, FEBRUARY 21, 2012

1215

Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett E Hatfield Y Heard

Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan
Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

N Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 165, nays 4.

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

Representatives Parent of the 81st and Williamson of the 111th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 1522. By Representatives Ralston of the 7th, Smith of the 70th, Collins of the 27th, Coomer of the 14th, Yates of the 73rd and others:

A RESOLUTION recognizing February 22, 2012, as National Guard Day at the capitol and inviting the Georgia National Guard to be recognized by the House of Representatives; and for other purposes.

HR 1523. By Representatives Neal of the 1st, Dickson of the 6th, Weldon of the 3rd and Ralston of the 7th:

A RESOLUTION Commending American Idol's Lauren Alaina and inviting her to be recognized by the House of Representatives; and for other purposes.

HR 1524. By Representatives Peake of the 137th, Dickey of the 136th, Randall of the 138th, Beverly of the 139th, Epps of the 140th and others:

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JOURNAL OF THE HOUSE

A RESOLUTION commending Wesleyan College and inviting President Ruth Knox to be recognized by the House of Representatives; and for other purposes.
HR 1525. By Representatives Smith of the 70th, Horne of the 71st, Smith of the 129th, Nix of the 69th, Cooke of the 18th and others:
A RESOLUTION recognizing and commending the Chattahoochee District on being named the Georgia Forestry Commission 2011 District of the Year and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1526. By Representatives Smith of the 70th, Taylor of the 173rd, Maddox of the 172nd, Powell of the 171st, Purcell of the 159th and others:
A RESOLUTION recognizing and commending the Decatur County Forestry Unit on being named the Georgia Forestry Commission 2011 Southern Unit of the Year and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1527. By Representatives Smith of the 70th, Horne of the 71st, Ramsey of the 72nd, Bruce of the 64th, Long of the 61st and others:
A RESOLUTION recognizing and commending the Coweta-Fayette-South Fulton County Forestry Unit, known as "Coweta Forestry Unit" on being named the Georgia Forestry Commission 2011 Northern Unit of the Year and inviting them to appear before the House of Representatives; and for other purposes.
HR 1528. By Representatives Jordan of the 77th, James of the 135th, Stephens of the 161st, Hugley of the 133rd and Morgan of the 39th:
A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and inviting the Georgia District Director and representatives of Alpha Phi Alpha Fraternity, Inc., to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1520. By Representative Purcell of the 159th:
A RESOLUTION commending Georgia students of Classical Conversations, Inc.; and for other purposes.

TUESDAY, FEBRUARY 21, 2012

1217

HR 1529. By Representatives Ralston of the 7th, Smith of the 70th, Collins of the 27th, Coomer of the 14th, Yates of the 73rd and others:
A RESOLUTION recognizing and honoring Georgia Guard soldiers and airmen and others who have fallen during Operation Iraqi Freedom and Operation Enduring Freedom; and for other purposes.
HR 1530. By Representatives Dickey of the 136th and James of the 135th:
A RESOLUTION commending Rhianna Nicole Baldree, Peach County High School's 2012 STAR Student; and for other purposes.
HR 1531. By Representatives Stephens of the 164th, Purcell of the 159th, Watson of the 163rd, Gordon of the 162nd and Atwood of the 179th:
A RESOLUTION recognizing and commending Marie H. Roberts on the occasion of her retirement; and for other purposes.
HR 1532. By Representatives Dickey of the 136th and Peake of the 137th:
A RESOLUTION honoring the life and memory of John Barrett "J.B." Hawkins; and for other purposes.
HR 1533. By Representatives Burns of the 157th and Purcell of the 159th:
A RESOLUTION recognizing and commending Colonel Rainer G. Gomez; and for other purposes.
HR 1534. By Representatives Reece of the 11th, Dempsey of the 13th, Coomer of the 14th and Crawford of the 16th:
A RESOLUTION recognizing and commending the Coosa High School cheerleading squad on their exceptional performance in the 2011 GHSA Class AA State Cheerleading Championship; and for other purposes.
HR 1535. By Representatives Reece of the 11th, Dempsey of the 13th and Coomer of the 14th:
A RESOLUTION recognizing and commending the Trion High School Cheerleading Squad on their GHSA Class A State Championship; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1536. By Representatives Geisinger of the 48th, Willard of the 49th, Jones of the 46th, Martin of the 47th, Riley of the 50th and others:
A RESOLUTION recognizing the Roswell Rotary Club; and for other purposes.
HR 1537. By Representative Hembree of the 67th:
A RESOLUTION recognizing and commending Charles A. "Tripp" Lott III; and for other purposes.
HR 1538. By Representative Parrish of the 156th:
A RESOLUTION recognizing and commending Emanuel County on its bicentennial; and for other purposes.
HR 1539. By Representatives Smith of the 70th, Clark of the 104th, Taylor of the 173rd, Clark of the 98th, Riley of the 50th and others:
A RESOLUTION recognizing February 28, 2012, as "A Bag's Life" Day at the capitol; and for other purposes.
HR 1540. By Representatives Jordan of the 77th, James of the 135th, Stephens of the 161st, Hugley of the 133rd and Morgan of the 39th:
A RESOLUTION recognizing and commending Ambassador Andrew Young; and for other purposes.
HR 1541. By Representative Baker of the 78th:
A RESOLUTION recognizing and commending Reverend Isaiah J. Waddy on the occasion of his 30th pastoral anniversary; and for other purposes.
Representative Harden of the 147th moved that the following Bill of the House be withdrawn from the Committee on Health & Human Services and recommitted to the Special Committee on Small Business Development and Job Creation:
HB 964. By Representatives Harden of the 147th, Stephens of the 164th, Parrish of the 156th, Smith of the 70th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Code Section 26-4-118 of the Official Code of Georgia Annotated, relating to "The Pharmacy Audit Bill of Rights," so as to limit recoupment pursuant to an audit under certain circumstances; to

TUESDAY, FEBRUARY 21, 2012

1219

require audit parameters to be equally applied to local and mail-order pharmacies; to provide for independent audits by the state; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

Abdul-Salaam E Abrams Y Allison
Amerson N Anderson
Ashe Y Atwood
Baker Y Battles N Beasley-Teague
Bell E Benfield
Benton Beverly Black Y Braddock Y Brockway Brooks Bruce Y Bryant Y Buckner Y Burns Y Byrd N Carson Carter Casas N Channell N Cheokas N Clark, J Clark, V Y Coleman N Collins Y Cooke Coomer N Cooper Crawford

Davis Dawkins-Haigler Dempsey Dickerson Y Dickey N Dickson Dobbs N Dollar E Drenner N Dudgeon E Dukes N Dunahoo Y Dutton Ehrhart England Epps, C Epps, J Evans N Floyd Fludd Frazier N Fullerton Y Gardner Y Geisinger N Golick N Gordon Greene N Hamilton Y Hanner N Harbin Y Harden, B Y Harden, M N Harrell N Hatchett E Hatfield Y Heard

N Heckstall N Hembree Y Henson
Hightower N Hill
Holcomb Y Holmes
Holt E Horne
Houston N Howard N Hudson Y Hugley Y Jackson N Jacobs Y James Y Jasperse
Jerguson Johnson Jones, J N Jones, S Jordan N Kaiser Kendrick Kidd Y Knight Y Lane Y Lindsey N Long N Maddox, B Maddox, G N Manning N Marin N Martin Y Maxwell N Mayo

Y McBrayer Y McCall N McKillip
Meadows N Mitchell Y Morgan
Morris N Mosby Y Murphy
Neal, J Y Neal, Y
Nimmer Y Nix Y Oliver N O'Neal N Pak N Parent
Parrish Parsons Peake Powell, A Y Powell, J Pruett N Purcell Ramsey Y Randall Reece N Rice Riley N Roberts N Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S Setzler

Y Shaw N Sheldon
Sims, B Y Sims, C Y Smith, E
Smith, K Smith, L N Smith, R Y Smith, T Smyre Spencer N Stephens, M Stephens, R Stephenson Y Talton N Tankersley Taylor, D Y Taylor, R Taylor, T Teasley Thomas VACANT N Waites N Watson Welch Y Weldon Wilkerson N Wilkinson N Willard Y Williams, A Williams, C Y Williams, E Williams, R N Williamson N Yates Ralston, Speaker

On the motion, the ayes were 49, nays 55.

The motion was lost.

Representative Burns of the 157th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE

Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 684 Do Pass, by Substitute SB 309 Do Pass

Respectfully submitted, /s/ Burns of the 157th
Chairman

Representative Rogers of the 26th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

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

HB 792 Do Pass

Respectfully submitted, /s/ Rogers of the 26th
Chairman

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

Mr. Speaker:

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

HB 419 HB 942 SB 117

Do Pass, by Substitute Do Pass Do Pass

HB 844 Do Pass, by Substitute HB 944 Do Pass

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

TUESDAY, FEBRUARY 21, 2012

1221

Representative Purcell of the 159th District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 161 Do Pass, by Substitute HB 828 Do Pass
Respectfully submitted, /s/ Purcell of the 159th
Chairman
Representative Neal of the 1st District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1376 Do Pass
Respectfully submitted, /s/ Neal of the 1st
Chairman
Representative Roberts of the 154th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 817 Do Pass, by Substitute SB 339 Do Pass, by Substitute

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Respectfully submitted, /s/ Roberts of the 154th
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 22, 2012

1223

Representative Hall, Atlanta, Georgia

Wednesday, February 22, 2012

Twenty-Third Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Abrams Allison Amerson Anderson Ashe Atwood Baker Battles Beasley-Teague Bell E Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, J Clark, V Coleman Collins Cooke Coomer

Cooper Davis E Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Dollar Drenner Dudgeon E Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Floyd Frazier Fullerton Gardner Geisinger Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harrell Hatchett

Hatfield E Heckstall
Hembree E Henson
Hightower Hill Holcomb Holmes Holt Horne Houston Hudson Hugley Jackson Jacobs James Jasperse Jerguson Johnson Kaiser Kendrick Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Manning Marin Martin Maxwell

Mayo McBrayer McCall McKillip Meadows Mitchell E Morgan Morris Mosby Murphy Nimmer Nix O'Neal Pak Parent Parrish Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M

Scott, S Setzler Shaw Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smyre Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Taylor, T Teasley Waites Watson Welch Weldon E Wilkerson Wilkinson Willard Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Crawford of the 16th, Fludd of the 66th, Harden of the 28th, Heard of the 114th, Howard of the 121st, Jordan of the 77th, Neal of the 1st, Neal of the 75th,

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Oliver of the 83rd, Sims of the 169th, Smith of the 168th, Stephenson of the 92nd, Taylor of the 55th, and Thomas of the 100th.
They wished to be recorded as present.
Prayer was offered by Reverend Todd Wright, Lead Pastor, Midway Church, Villa Rica, Georgia.
The members pledged allegiance to the flag.
Pursuant to HR 1529, the House recognized and honored Georgia Guard soldiers and airmen and others who have fallen during Operation Iraqi Freedom and Operation Enduring Freedom.
Pursuant to HR 1522, the House recognized February 22, 2012, as National Guard Day at the capitol and invited the Georgia National Guard to be recognized by the House of Representatives.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:

WEDNESDAY, FEBRUARY 22, 2012

1225

HB 1095. By Representative Black of the 174th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brooks County, approved August 11, 1881 (Ga. L. 1880 1881, p. 518), as amended, particularly by an Act approved March 1, 1984 (Ga. L. 1984, p. 3680), so as to provide for new commissioner districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1096. By Representative Black of the 174th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for reapportionment of the board of education of Brooks County," approved March 5, 1984 (Ga. L. 1984, p. 3717), so as to provide for new education districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1097. By Representative Battles of the 15th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Emerson; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the board's bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 1098. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Berrien County, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, so as to provide for new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1099. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4441), so as to change the description of the districts from which members of such board are elected; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1100. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), so as to increase the membership of the board of such authority; to provide for terms of office for such additional members; to provide for a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1101. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Rabun County by the qualified electors of the Rabun County School District, approved March 13, 1978 (Ga.

WEDNESDAY, FEBRUARY 22, 2012

1227

L. 1978, p. 3430), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1102. By Representatives Smith of the 70th, Stephens of the 164th, Knight of the 126th, Manning of the 32nd, McCall of the 30th and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 1103. By Representatives Ehrhart of the 36th, Golick of the 34th, Setzler of the 35th, Dollar of the 45th, Teasley of the 38th and others:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), so as to change the description of the education districts of such board; to provide for definitions and inclusions; to provide for qualifications, compensation, and chairpersons and vice chairpersons; to provide for elections; to provide for terms; to provide for submissions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1104. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide an exemption for raffles conducted by certain nonprofit organizations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 1105. By Representatives Smith of the 168th, Black of the 174th, Sims of the 169th, Hatfield of the 177th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to substantially revise the "Ethics in Government Act"; to rename the Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission; to change provisions relating to public officials' conduct and lobbyist disclosure; to change provisions relating to postemployment restrictions on public officers; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to conform certain cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 1106. By Representative Epps of the 128th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871 - 1872, p. 230), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4805), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1107. By Representative Epps of the 128th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Meriwether County Board of Education," approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4795), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related

WEDNESDAY, FEBRUARY 22, 2012

1229

matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1108. By Representatives Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Monroe County, Georgia," approved February 25, 1993 (Ga. L. 1993, p. 3857), as amended, so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1109. By Representatives Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for the county of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to change the description of the districts from which members of the commission are elected; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1111. By Representatives Shaw of the 176th and Sims of the 169th:
A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson (now the Board of Commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 1112. By Representatives Shaw of the 176th and Sims of the 169th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3797), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1113. By Representatives Henson of the 87th, Mosby of the 90th, Drenner of the 86th, Stephenson of the 92nd, Kendrick of the 94th and others:
A BILL to be entitled an Act to authorize the governing authority of DeKalb County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 16 of the O.C.G.A., relating to homicide, so as to repeal certain provisions regarding offering to assist in the commission of a suicide; to prohibit assisted suicide; to provide for definitions; to provide for criminal penalties; to provide for certain exceptions; to provide for certain reporting requirements with respect to being convicted of assisting in a suicide; to amend Title 51 of the O.C.G.A., relating to torts, so as to provide for civil liability for wrongful death caused by assisted suicide; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1115. By Representatives Dudgeon of the 24th, Parsons of the 42nd and Martin of the 47th:

WEDNESDAY, FEBRUARY 22, 2012

1231

A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 14 and Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to Secretary of State corporations and public utilities and public transportation, respectively, so as to revise and update certain provisions relating to telecommunications; to remove telegraph companies from the jurisdiction of the Public Service Commission; to eliminate certain provisions relating to telegraph service; to amend various other titles of the Official Code of Georgia Annotated, so as to revise cross-references for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 1116. By Representatives Neal of the 75th, Fullerton of the 151st, Hugley of the 133rd, Abrams of the 84th, Parent of the 81st and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to make certain legislative findings; to prohibit the performance of vasectomies in Georgia; to provide for an exception; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1117. By Representatives Clark of the 104th, Clark of the 98th, Thomas of the 100th, Dickerson of the 95th, Pak of the 102nd and others:
A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, so as to change certain provisions relating to population brackets and the census; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1118. By Representative Reece of the 11th:
A BILL to be entitled an Act to provide a new charter for the Town of Trion; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and

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JOURNAL OF THE HOUSE

investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1119. By Representative Sims of the 169th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Atkinson County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1120. By Representative Sims of the 169th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of Atkinson County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1121. By Representative Sims of the 169th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of Coffee County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1122. By Representative Dunahoo of the 25th:
A BILL to be entitled an Act to amend an Act to create a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 22, 2012

1233

Referred to the Committee on Intragovernmental Coordination - Local.
HB 1123. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to repeal Article 6, relating to annexation of unincorporated islands; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1124. By Representatives Jerguson of the 22nd, Cooper of the 41st, Watson of the 163rd and Clark of the 98th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to define prescription biologic product and prescription biosimilar product; to provide for substitutions; to provide for recording in the patient record; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1125. By Representatives Harden of the 147th, Stephens of the 164th, Allison of the 8th, Harden of the 28th and Jasperse of the 12th:
A BILL to be entitled an Act to amend Code Section 26-4-118 of the Official Code of Georgia Annotated, relating to "The Pharmacy Audit Bill of Rights," so as to limit recoupment pursuant to an audit under certain circumstances; to require audit parameters to be equally applied to local and mail-order pharmacies; to provide for independent audits by the state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 1542. By Representative Epps of the 140th:
A RESOLUTION honoring the life of Deputy Richard Daniels and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.

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By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 1146. By Representatives McCall of the 30th, Carter of the 175th, Hatchett of the 143rd and Collins of the 27th:

A BILL to be entitled an Act to amend Titles 34 and 49 of the Official Code of Georgia Annotated, relating to labor and industrial relations and social services, respectively, so as to create the Georgia Vocational Rehabilitation Services Board; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Georgia Vocational Rehabilitation Agency; to provide for property and reserve funds of such industries; to provide for compensation of workers in such industries; to specifically reserve certain laws and amend various other provisions of the Official Code of Georgia Annotated so as to conform related crossreferences; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Human Relations & Aging.

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

HB 1074 HB 1076 HB 1078 HB 1080 HB 1082 HB 1084 HB 1086 HB 1088 HB 1090 HB 1092 HB 1094 HR 1519 SB 107 SB 369

HB 1075 HB 1077 HB 1079 HB 1081 HB 1083 HB 1085 HB 1087 HB 1089 HB 1091 HB 1093 HB 1110 HR 1521 SB 362 SB 395

Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:

WEDNESDAY, FEBRUARY 22, 2012

1235

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

HB 746 Do Pass SB 300 Do Pass, by Substitute

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

Representative Smith of the 131st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 463 HB 931 HB 986

Do Pass, by Substitute Do Pass Do Pass

HB 513 Do Pass HB 955 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 131st
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:
Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 774 HB 958 HB 976 HB 980 HB 1001 HB 1010 HB 1063

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

HB 775 HB 959 HB 977 HB 1000 HB 1009 HB 1031 HB 1070

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

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Respectfully submitted, /s/ Sims of the 169th
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 1337 Do Pass HR 1522 Do Pass
Representative Channell of the 116th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 896 Do Pass
Respectfully submitted, /s/ Channell of the 116th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 22, 2012
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None

WEDNESDAY, FEBRUARY 22, 2012

1237

Modified Open Rule

HB 687 HB 769 HB 850

Alarm monitoring service companies; utilize alarm verification; provisions (Substitute) (PS&HS-Taylor-79th) Consumers' utility counsel division; not necessary to file copies of filings with Public Service Commission; provide (EU&T-Geisinger-48th) Guardian and ward; criminal background checks for persons seeking to become a guardian; provide (Substitute) (Judy-Harrell-106th)

Modified Structured Rule

HB 514 HB 640
HB 730

Distilled spirits; free tastings on premises; authorize (RegI-Kidd-141st) Insolvent insurers; claimants rights; correct certain language (Ins-Rogers26th) Administrative Services, Department of; public works construction contracts; provisions (IndR-Hembree-67th)

HR 1162 General Assembly; state-wide education policy; clarify authority - CA (Substitute) (Ed-Jones-46th) (AM# 33 1151)

Pursuant to Rule 33.3, debate shall be limited to no more than 90 minutes on HR 1162. Time to be allocated at the discretion of the Speaker.

SB 231

Probation; provide additional offenses for which first offender status shall not be granted (JudyNC-Atwood-179th) Tippins-37th

Structured Rule

HB 811

Budgetary and financial affairs; automatic fee adjustment in certain cases; provide (Substitute) (GAff-Powell-171st)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

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HB 774. By Representatives Holt of the 112th and Williams of the 113th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Morgan County, approved March 25, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3748), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Morgan County, approved March 25, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3748), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under 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. An Act creating the Board of Commissioners of Morgan County, approved March 25, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3748), is amended by revising Section 2 as follows:
"SECTION 2. (a) The Board of Commissioners of Morgan County shall consist of five members. For purposes of electing members of the board of commissioners, Morgan County is divided into five commissioner districts. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: morganccsbR-2012 Plan Type: Local Administrator: Morgan User: Gina'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a

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district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Morgan County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Morgan County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. Said Act is further amended by revising Section 4 as follows:
"SECTION 4. The members of the Board of Commissioners of Morgan County in office on June 1, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. Commissioner Districts 1 through 5, as they exist immediately prior to the effective date of this section, shall continue to be designated as Commissioner Districts 1 through 5, respectively, but as newly described under this Act; and, on and after the effective date of this section, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. A successor to each such member shall be elected from the district described in Section 2 of this Act in the manner described in Section 3 of this Act. Elections shall be conducted under the general election laws of Georgia, and members shall be commissioned by the Governor as other county officers are commissioned."
SECTION 3. The Board of Commissioners of Morgan County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: morganccsbR-2012 Plan Type: Local Administrator: Morgan User: Gina
District 001 Morgan County VTD: 21101 - 1. MADISON EAST 010300: 2010 2016 2017 2020 2021 2022 2031 2032 2033 2035 2038 2039 2040 2041 2042 3011 3014 3023 3024 3030 3031 3032 3033 3034 3035 3044 3045 3049 3050 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3114 3115 3116 3117 3119 3120 3121 3122 3123 4045 4046 4047 4056 4058 4059 4060 4062 4063 4064 4065 4066 4067 4068 VTD: 21109 - 9. APALACHEE 010100: 1135 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1154 1155 1156 1157 1158 1159 1160 1161 1165 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1216 010300: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3015 3016 3017 3018 3021 3022 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 VTD: 21110 - 10. MADISON WEST 010300: 4019 4024 4025 4026 4027 4028 4029 4030 4031 4036 4037 4038 4039 4040 4041 4042 4043 4044 4048 4049 4050 4051 4052 4053 4054 4055 4057 4061
District 002 Morgan County VTD: 21104 - 4. MADISON SOUT 010300: 1050 1051 1052 1053 1101 1102 1103 1105 1106 1107 1108 1114

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1115 1116 VTD: 21105 - 5. CLACKS CHAPEL 010200: 1066 1067 1068 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1119 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1145 1146 1147 1148 1149 1150 1151 1153 VTD: 21106 - 6. WEST MORGAN 010200: 1000 1001 1002 1003 1100 1101 1102 1103 1104 1105 1116 1117 1118 010300: 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1054 1055 1056 1057 1058 1059 1089 1109 1110 1111 1112 1113 VTD: 21107 - 7. RUTLEDGE 010200: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1069 1070 1071 1072 1073 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1143 1144 1152 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2131 2132 2133 2134 2135 2138 2139 2140 2141 2142 2143 2144
District 003 Morgan County VTD: 21106 - 6. WEST MORGAN 010100: 1218 1219 010200: 2119 2121 2122 010300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1158 4010 4011 4012 4014 4021 4022 4023

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VTD: 21107 - 7. RUTLEDGE 010200: 2004 2005 2006 2007 2008 2009 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2084 2114 2115 2116 2117 2118 2120 2123 2124 2125 2126 2127 2128 2129 2130 2136 2137 2146 2147 VTD: 21108 - 8. BOSTWICK VTD: 21109 - 9. APALACHEE 010100: 1066 1067 1130 1131 1132 1133 1134 1136 1151 1152 1153 1162 1163 1164 1166 1167 1168 1170 1171 1172 1173 1174 1175 1177 VTD: 21110 - 10. MADISON WEST 010100: 1221 010300: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4015 4016 4017 4018 4020 4032 4033 4034 4035
District 004 Morgan County VTD: 21103 - 3. BETH/SPRINGFIELD 010300: 2075 2079 2080 2087 2103 2111 2112 010500: 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1021 1138 1139 1140 1146 1157 1158 1175 VTD: 21104 - 4. MADISON SOUT 010300: 1031 1032 1033 1034 1035 1036 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1104 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1159 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2018 2019 2023 2024 2025 2026 2027 2028 2029 2030 2034 2036 2037 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069

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2070 2071 2072 2073 2074 2076 2077 2078 2081 2082 2083 2084 2085 2086 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2104 2105 2106 2107 2108 2109 2110 VTD: 21105 - 5. CLACKS CHAPEL 010200: 1120 010500: 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1176 1177 1178 1179 1180 1181 1182 1183
District 005 Morgan County VTD: 21101 - 1. MADISON EAST 010300: 3051 3107 3108 3109 3110 3111 3112 3113 010400: 1009 1021 1023 1025 1028 VTD: 21102 - 2. BUCKHEAD VTD: 21103 - 3. BETH/SPRINGFIELD 010400: 1077 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1133 1174 1175 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 010500: 1000 1001 1009 1141 1142 1143 1144 1145
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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HB 775. By Representatives Holt of the 112th and Williams of the 113th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, particularly by an Act approved April 4, 2002 (Ga. L. 2002, p. 3741), so as to change the composition and description of the education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, particularly by an Act approved April 4, 2002 (Ga. L. 2002, p. 3741), so as to change the composition and description of the education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under 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. An Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, particularly by an Act approved April 4, 2002 (Ga. L. 2002, p. 3741), is amended by revising Section 1 as follows:
"SECTION 1. (a) The Board of Education of Morgan County shall consist of five members to be elected in accordance with the provisions of this Act. For purposes of electing members of the board of education, the Morgan County School District is divided into five education districts. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: morganccsbR-2012 Plan Type: Local Administrator: Morgan User: Gina'.

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(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Morgan County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Morgan County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c) Education Districts 1 through 5, as they exist immediately prior to the effective date of this section, shall continue to be designated as Education Districts 1 through 5, respectively, but as newly described under this Act; and, on and after the effective date of this section, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
SECTION 2. The Board of Education of Morgan County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan: morganccsbR-2012 Plan Type: Local Administrator: Morgan User: Gina

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District 001 Morgan County VTD: 21101 - 1. MADISON EAST 010300: 2010 2016 2017 2020 2021 2022 2031 2032 2033 2035 2038 2039 2040 2041 2042 3011 3014 3023 3024 3030 3031 3032 3033 3034 3035 3044 3045 3049 3050 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3114 3115 3116 3117 3119 3120 3121 3122 3123 4045 4046 4047 4056 4058 4059 4060 4062 4063 4064 4065 4066 4067 4068 VTD: 21109 - 9. APALACHEE 010100: 1135 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1154 1155 1156 1157 1158 1159 1160 1161 1165 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1216 010300: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3015 3016 3017 3018 3021 3022 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 VTD: 21110 - 10. MADISON WEST 010300: 4019 4024 4025 4026 4027 4028 4029 4030 4031 4036 4037 4038 4039 4040 4041 4042 4043 4044 4048 4049 4050 4051 4052 4053 4054 4055 4057 4061
District 002 Morgan County VTD: 21104 - 4. MADISON SOUT 010300: 1050 1051 1052 1053 1101 1102 1103 1105 1106 1107 1108 1114 1115 1116 VTD: 21105 - 5. CLACKS CHAPEL 010200: 1066 1067 1068 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1119 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1145 1146 1147 1148 1149 1150 1151 1153

WEDNESDAY, FEBRUARY 22, 2012
VTD: 21106 - 6. WEST MORGAN 010200: 1000 1001 1002 1003 1100 1101 1102 1103 1104 1105 1116 1117 1118 010300: 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1054 1055 1056 1057 1058 1059 1089 1109 1110 1111 1112 1113 VTD: 21107 - 7. RUTLEDGE 010200: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1069 1070 1071 1072 1073 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1143 1144 1152 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2131 2132 2133 2134 2135 2138 2139 2140 2141 2142 2143 2144
District 003 Morgan County VTD: 21106 - 6. WEST MORGAN 010100: 1218 1219 010200: 2119 2121 2122 010300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1158 4010 4011 4012 4014 4021 4022 4023 VTD: 21107 - 7. RUTLEDGE 010200: 2004 2005 2006 2007 2008 2009 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2084 2114 2115 2116 2117 2118 2120 2123

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2124 2125 2126 2127 2128 2129 2130 2136 2137 2146 2147 VTD: 21108 - 8. BOSTWICK VTD: 21109 - 9. APALACHEE 010100: 1066 1067 1130 1131 1132 1133 1134 1136 1151 1152 1153 1162 1163 1164 1166 1167 1168 1170 1171 1172 1173 1174 1175 1177 VTD: 21110 - 10. MADISON WEST 010100: 1221 010300: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4015 4016 4017 4018 4020 4032 4033 4034 4035
District 004 Morgan County VTD: 21103 - 3. BETH/SPRINGFIELD 010300: 2075 2079 2080 2087 2103 2111 2112 010500: 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1021 1138 1139 1140 1146 1157 1158 1175 VTD: 21104 - 4. MADISON SOUT 010300: 1031 1032 1033 1034 1035 1036 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1104 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1159 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2018 2019 2023 2024 2025 2026 2027 2028 2029 2030 2034 2036 2037 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2076 2077 2078 2081 2082 2083 2084 2085 2086 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2104 2105 2106 2107 2108 2109 2110 VTD: 21105 - 5. CLACKS CHAPEL 010200: 1120 010500: 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028

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1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1176 1177 1178 1179 1180 1181 1182 1183
District 005 Morgan County VTD: 21101 - 1. MADISON EAST 010300: 3051 3107 3108 3109 3110 3111 3112 3113 010400: 1009 1021 1023 1025 1028 VTD: 21102 - 2. BUCKHEAD VTD: 21103 - 3. BETH/SPRINGFIELD 010400: 1077 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1133 1174 1175 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 010500: 1000 1001 1009 1141 1142 1143 1144 1145
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 958. By Representative Dickey of the 136th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Crawford County, approved March 19, 1993 (Ga. L. 1993, p. 4136), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide

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for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 959. By Representative Dickey of the 136th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, so as to revise districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 976. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4232), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4547), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 977. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," approved March 30, 1993 (Ga. L. 1993, p. 4215), as amended, particularly by an Act approved June 3,

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2003 (Ga. L. 2003, p. 4541), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 980. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved June 3, 2003, (Ga. L. 2003, p. 4670), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1000. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved February 10, 2004 (Ga. L. 2004, p. 3501), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1001. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Irwin County, approved February 15, 1993 (Ga. L. 1993, p. 3757), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1009. By Representatives Harden of the 147th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating and establishing a board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4861), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1010. By Representatives Harden of the 147th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act to provide for the election of a chairperson and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3719), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5740), so as to reapportion the education districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1031. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4089), so as to change the compensation for the chairperson and members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1063. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Troup County Airport Authority," approved March 23, 1977 (Ga. L. 1977, p. 3387), so as to change the membership of the authority; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1070. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly
Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell
Cheokas Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Crawford

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson
Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser
Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan
Morris N Mosby Y Murphy
Neal, J Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T
Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 153, nays 1.

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

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

Mr. Speaker:

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

SB 367. By Senators Bulloch of the 11th, Ginn of the 47th, Wilkinson of the 50th, Miller of the 49th, Heath of the 31st and others:

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A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, so as to authorize the Commissioner to require persons incurring civil penalties to obtain a surety bond; to repeal conflicting laws; and for other purposes.
SB 383. By Senators Hamrick of the 30th, McKoon of the 29th, Stone of the 23rd, Carter of the 42nd and Bethel of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions for arbitration, so as to repeal Part 2, relating to international transactions; to provide for a short title; to provide for a statement of purpose; to provide for applicability; to provide for definitions; to provide for procedure; to provide for court intervention; to provide for an arbitration agreement; to provide for selection and disqualification of arbitrators; to provide for challenges to arbitrator selection and substitution of arbitrators; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 390. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to the certification of seeds and plants, so as to provide immunity from civil liability for the agency designated to provide for seed certification; to repeal conflicting laws; and for other purposes.
HB 604. By Representatives Hanner of the 148th and Greene of the 149th:
A BILL to be entitled an Act to create the Lower Chattahoochee Regional Transportation Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 638. By Representative Greene of the 149th:
A BILL to be entitled an Act to create a board of elections and registration for Randolph County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms of its members; to provide for filling of vacancies and removal of members; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the

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newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to repeal conflicting laws; and for other purposes.
HB 840. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5796) so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 902. By Representative Greene of the 149th:
A BILL to be entitled an Act to revise and restate the law relating to the Calhoun County Board of Education; to provide for the number of members of the board and the districts from which they are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal the amendment to the Constitution providing for the division of Calhoun County into five school districts and for the election of a seven-member board of education, which amendment was proposed by 1955 Senate Resolution No.20, Resolution Act No. 53 (Ga. L. 1955, p. 470), and was continued in force and effect by an Act approved March 18, 1986 (Ga. L. 1986, p. 3940); to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 903. By Representatives Greene of the 149th and Hanner of the 148th:
A BILL to be entitled an Act to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3570), so as to remove Clay County and Quitman County from membership in such authority; to repeal conflicting laws; and for other purposes.

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HB 906. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5502), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 910. By Representatives Maddox of the 127th and Dickey of the 136th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues of Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 367. By Senators Bulloch of the 11th, Ginn of the 47th, Wilkinson of the 50th, Miller of the 49th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, so as to authorize the Commissioner to require persons incurring civil penalties to obtain a surety bond; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 383. By Senators Hamrick of the 30th, McKoon of the 29th, Stone of the 23rd, Carter of the 42nd and Bethel of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions for

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arbitration, so as to repeal Part 2, relating to international transactions; to provide for a short title; to provide for a statement of purpose; to provide for applicability; to provide for definitions; to provide for procedure; to provide for court intervention; to provide for an arbitration agreement; to provide for selection and disqualification of arbitrators; to provide for challenges to arbitrator selection and substitution of arbitrators; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 390. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to the certification of seeds and plants, so as to provide immunity from civil liability for the agency designated to provide for seed certification; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Evans of the 40th, Nix of the 69th, Sheldon of the 105th, Smith of the 70th, Horne of the 71st, and Williamson of the 111th.
Pursuant to HR 1134, the House honored the life and memory of Deputy Game Warden Robert Clayton Sizemore.
Pursuant to HR 1337, the House commended Austin Edward Vest for being named the National Vice President for the Technology Student Association and invited him to be recognized by the House of Representatives.
Pursuant to HR 1287, the House recognized the American Association of Family and Consumer Sciences (AAFCS).
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

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HR 1337. By Representative Ralston of the 7th:

A RESOLUTION commending Austin Edward Vest for being named the National Vice President for the Technology Student Association and inviting him to be recognized by the House of Representatives; and

HR 1522. By Representatives Ralston of the 7th, Smith of the 70th, Collins of the 27th, Coomer of the 14th, Yates of the 73rd and others:

A RESOLUTION recognizing February 22, 2012, as National Guard Day at the capitol and inviting the Georgia National Guard to be recognized by the House of Representatives; and for other purposes.

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

SB 231. By Senators Tippins of the 37th and Williams of the 19th:

A BILL to be entitled an Act to amend Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to probation prior to adjudication of guilt, violation of probation, and review of criminal record by a judge, so as to provide additional offenses for which first offender status shall not be granted; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley

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Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Epps, J Y Evans Y Floyd
Fludd Frazier Y Fullerton Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 850. By Representatives Harrell of the 106th, Willard of the 49th, Oliver of the 83rd and Holcomb of the 82nd:

A BILL to be entitled an Act to amend Chapter 9 of Title 29 of the Official Code of Georgia Annotated, relating to court proceedings involving guardian and ward, so as to provide for criminal background checks for persons seeking to become a guardian or conservator; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for matters relevant to guardians generally; to provide for an exemption from liability for persons who comply with a Physician Order for Lifesustaining Treatment; to provide for criminal background checks for persons seeking to become a guardian or conservator; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (k) of Code Section 29-4-18, relating to definitions, requirements, and termination of temporary medical consent guardianship, by adding a new paragraph to read as follows:
"(3) Any person who acts in good faith in accordance with a Physician Order for Life-sustaining Treatment developed pursuant to subsection (l) of this Code section shall have all of the immunity granted pursuant to Code Section 31-32-10."

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"29-9-19. (a) As used in this Code section, the term 'criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. (b) The court may require a petitioner seeking to become a guardian or conservator, or a nominated guardian or conservator if such person is different from the petitioner, to submit to a criminal history records check. The petitioner or nominee shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee. The Georgia Crime Information Center shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of its records and shall obtain a report containing criminal history record information. The Georgia Crime Information Center shall also promptly conduct a search of its records and any records to which it has access. The Georgia Crime Information Center shall provide a report of the petitioner's or nominee's criminal history record information to the court for its consideration in determining the suitability of the petitioner or nominee to serve as a guardian or conservator."

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

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

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

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

Y Davis Y Dawkins-Haigler
Dempsey Y Dickerson Y Dickey

E Heckstall Y Hembree Y Henson Y Hightower Y Hill

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E

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Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan N Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Morgan Y Morris N Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 2.

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

HB 514. By Representative Kidd of the 141st:

A BILL to be entitled an Act to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to authorize free tastings of distilled spirits to be conducted on the premises of distillers as a part of educational and promotional distillery tours; to define certain terms; to provide for the conditions under which such consumer tastings may be conducted; to provide for related matters; to repeal conflicting laws; and for other purposes.

Pursuant to Rule 133, Representative Cheokas of the 134th was excused from voting on HB 514.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter N Casas Y Channell
Cheokas Y Clark, J Y Clark, V Y Coleman N Collins Y Cooke N Coomer Y Cooper
Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Dutton Y Ehrhart
England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jasperse Y Jerguson N Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd
Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

N McBrayer McCall
Y McKillip Y Meadows Y Mitchell Y Morgan
Morris N Mosby Y Murphy N Neal, J N Neal, Y N Nimmer N Nix Y Oliver
O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley N Taylor, D Y Taylor, R Y Taylor, T N Teasley Y Thomas
VACANT Y Waites Y Watson N Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 146, nays 20.

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

Representative Fludd of the 66th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House, having previously been read, was again taken up for consideration:

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HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to establish special schools; to provide that special schools include charter 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, Section I of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the General Assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law."
SECTION 2. Article VIII, Section V of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits; provided, however, that the authority provided for in this paragraph shall not diminish any authority of the General Assembly otherwise granted under this article, including the authority to establish special schools as provided for in Article VIII, Section V, Paragraph VII. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or

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1265

more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established."
SECTION 3. Article VIII, Section V of the Constitution is amended by revising Paragraph VII as follows:
"Paragraph VII. Special schools. (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. Special schools shall include charter schools, as defined and provided for by law; provided, however, that special schools shall only be public schools. The state is authorized to expend funds for the support and maintenance of special schools in such amount and manner as may be provided by law. (b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983."
SECTION 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to allow state or local ( ) NO approval of public charter schools upon the request of local
communities?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The following amendment was read and adopted:
Representative Jones of the 46th offers the following amendment:

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Amend the House Committee on Education substitute to HR 1162 (LC 33 4555S) by striking lines 1 through 57 and inserting in lieu thereof the following:
Proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to establish special schools; to provide that special schools include state charter schools; 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 VIII, Section I of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the General Assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law."
SECTION 2. Article VIII, Section V of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits; provided, however, that the authority provided for in this paragraph shall not diminish any authority of the General Assembly otherwise granted under this article, including the authority to establish special schools as provided for in Article VIII, Section V, Paragraph VII. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established."
SECTION 3. Article VIII, Section V of the Constitution is amended by revising Paragraph VII as follows:

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"Paragraph VII. Special schools. (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of the local board of education and a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. Special schools may include state charter schools; provided, however, that special schools shall only be public schools. A state charter school under this section shall mean a public school that operates under the terms of a charter between the State Board of Education and a charter petitioner; provided, however, that such state charter schools shall not include private, sectarian, religious, or for profit schools or private educational institutions; provided, further, that this Paragraph shall not be construed to prohibit a local board of education from establishing a local charter school pursuant to Article VIII, Section V, Paragraph I. The state is authorized to expend state funds for the support and maintenance of special schools in such amount and manner as may be provided by law; provided, however, no deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to general law as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside within the geographic boundaries of the local school system. (b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983."
SECTION 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to allow state or local ( ) NO approval of public charter schools upon the request of local
communities?"
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 Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, as amended.

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On the adoption of the Resolution, 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 Y Ashe Y Atwood N Baker Y Battles N Beasley-Teague N Bell N Benfield Y Benton N Beverly Y Black Y Braddock Y Brockway N Brooks
Bruce Y Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

Y Davis Dawkins-Haigler
Y Dempsey N Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans N Floyd
Fludd N Frazier Y Fullerton N Gardner Y Geisinger Y Golick N Gordon Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield N Heard

E Heckstall Y Hembree N Henson Y Hightower Y Hill Y Holcomb N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jasperse Y Jerguson N Johnson Y Jones, J Y Jones, S N Jordan Y Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning N Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y N Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S Y Setzler

N Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E N Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Spencer N Stephens, M
Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Waites Y Watson Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 123, nays 48.

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

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.

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Representative Stephens of the 164th stated that 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 Mitchell of the 88th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The Speaker announced the House in recess until 1:30 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1544. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending the 2011 Georgia USGA Women's Golf Team on winning the USGA Women's State Team Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1545. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th:
A RESOLUTION honoring the life and memory of Dr. Charles D. Hudson and inviting the family of Dr. Charles D. Hudson to be recognized by the House of Representatives; and for other purposes.
HR 1546. By Representatives Burns of the 157th, Ramsey of the 72nd and Fludd of the 66th:
A RESOLUTION commending Eddie Pollard for being selected as Georgia's 2011 National Distinguished Principal and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1547. By Representatives Clark of the 104th, Coleman of the 97th, Clark of the 98th, Jones of the 46th, Sheldon of the 105th and others:
A RESOLUTION honoring and celebrating the 100th birthday of Margaret Tanner; and for other purposes.
HR 1548. By Representatives Dickey of the 136th and James of the 135th:
A RESOLUTION commending Victor Hedgpeth, Peach County High School's 2012 STAR Teacher; and for other purposes.
HR 1549. By Representatives Smith of the 131st, Smith of the 129th, Buckner of the 130th, Hugley of the 133rd and Smyre of the 132nd:

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A RESOLUTION commending United Technologies Corporation and recognizing February 23, 2012, as United Technologies Corporation Employee Scholar Day at the capitol; and for other purposes.
HR 1550. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Mary Elaine Philyaw Hall; and for other purposes.
HR 1551. By Representatives Dickey of the 136th, Knight of the 126th, Maddox of the 127th and Holmes of the 125th:
A RESOLUTION commending Scott Turner, Lamar County Comprehensive High School's 2012 STAR Teacher; and for other purposes.
HR 1552. By Representatives Dickey of the 136th, Knight of the 126th, Maddox of the 127th and Epps of the 128th:
A RESOLUTION commending Johntavious Barkley, Lamar County Comprehensive High School's 2012 STAR Student; and for other purposes.
HR 1553. By Representatives Dudgeon of the 24th, Brockway of the 101st, Rogers of the 26th, Riley of the 50th and Taylor of the 79th:
A RESOLUTION commending the Georgia Tech Cooperative Education Program on its 100th anniversary and for its Centennial Celebration during the 2012-2013 school year; and for other purposes.
HR 1554. By Representative Purcell of the 159th:
A RESOLUTION recognizing and commending Kenneth Smalls-Muldrow; and for other purposes.
HR 1555. By Representative Parrish of the 156th:
A RESOLUTION recognizing and commending Judge Sidney O. Smith, Jr.; and for other purposes.
HR 1556. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Spencer Giddens, Winder-Barrow High School's 2012 STAR Student; and for other purposes.

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HR 1557. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Meggan McNally, the Barrow County Schools system-wide Teacher of the Year; and for other purposes.
HR 1558. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Ryan McDeermond, the Apalachee High School and Barrow County Schools 2012 system-wide STAR Teacher; and for other purposes.
HR 1559. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Jessie Walls, the Apalachee High School and Barrow County Schools 2012 system-wide STAR Student; and for other purposes.
HR 1560. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Whitney Neufeldt, Winder-Barrow High School's 2012 STAR Teacher; and for other purposes.
Representative Jones of the 46th asked unanimous consent that the following Resolution of the House be immediately transmitted to the Senate:
HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others:
A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
It was so ordered.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 687. By Representatives Taylor of the 79th, Riley of the 50th, Cooke of the 18th and Atwood of the 179th:

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A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement and firefighter resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, is amended by revising Code Section 35-1-9, which is reserved, as follows:
"35-1-9. (a) As used in this Code section, the term:
(1) 'Alarm monitoring company' means any person, company, corporation, partnership, business, or a representative or agency thereof authorized to provide alarm monitoring services for burglar alarm systems, fire alarm systems, or other similar electronic security systems whether such systems are maintained on commercial business property, public property, or individual residential property. (2) 'Alarm verification' means a reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user, by telephone or other electronic means, to determine whether a burglar alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, where the initial attempted contact cannot be made, a second reasonable attempt to make such contact utilizing a different telephone number or electronic address or number. (b) Except as provided in subsection (c) of this Code section, an alarm monitoring company shall utilize an alarm verification system for all alarm signals.

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(c) Alarm verification shall not be required in the case of a fire alarm or a panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified to be true by video or audible means. Reserved."

SECTION 2. This Act shall become effective on July 1, 2012.

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

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

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

Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black
Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas
Channell Y Cheokas N Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey Y Dickson E Dobbs
Dollar Y Drenner Y Dudgeon
Dukes E Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

E Heckstall Y Hembree
Henson Hightower Y Hill Y Holcomb Y Holmes N Holt Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Jordan Y Kaiser Y Kendrick Y Kidd Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin E Martin Y Maxwell Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Pak Y Parent Y Parrish Y Parsons Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Randall Y Reece Rice Y Riley Y Roberts Y Rogers, C N Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E
Smith, K Y Smith, L Y Smith, R
Smith, T Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D Taylor, R Y Taylor, T E Teasley Y Thomas VACANT Waites Watson Y Welch Weldon Y Wilkerson Y Wilkinson Willard Y Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

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On the passage of the Bill, by substitute, the ayes were 132, nays 9.

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

Representatives Channell of the 116th, Peake of the 137th, Rice of the 51st, Waites of the 60th, and Watson of the 163rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Braddock of the 19th 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 Dobbs of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 769. By Representatives Geisinger of the 48th, Willard of the 49th, Oliver of the 83rd, Lindsey of the 54th, Cooper of the 41st and others:

A BILL to be entitled an Act to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel division, so as to provide that, until such time as the division is appropriately funded, it shall not be necessary to file copies of filings with the Public Service Commission with the division; 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 Atwood Y Baker Y Battles Y Beasley-Teague Y Bell
Benfield Y Benton Y Beverly

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson E Dobbs
Dollar Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Dutton Y Ehrhart

E Heckstall Y Hembree
Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell
Morgan Morris Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E
Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson

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Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene E Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jacobs James
Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick Y Kidd
Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin E Martin Y Maxwell
Mayo

O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T E Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 152, nays 0.

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

Representative Dobbs of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 811. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th and others:

A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to provide for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Titles 45, 12, and 15 of the Official Code of Georgia Annotated, relating to public officers, conservation and natural resources, and courts, respectively, so as to

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provide for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide for corresponding changes; 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 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by adding a new Code section to read as follows:
"45-12-92.2. (a) As used in this Code section, the term:
(1) 'Base amount' means the amount of fee proceeds collected during the complete fiscal year which immediately precedes the fiscal year for which the current appropriation amount is determined with respect to an individual fee which proceeds are required to be remitted for:
(A) Deposit in the general fund of the state for use for purposes specified by general law; (B) Use for a specified purpose; (C) Deposit into a trust fund created by general law; or (D) Deposit into a trust fund provided for under the Constitution of Georgia or use for a specified purpose provided for under the Constitution of Georgia when such proceeds are not directly earmarked thereunder or when the General Assembly is authorized thereunder, but not required, to appropriate funds thereto. When a fee amount has been reduced pursuant to any provision of this Code section, then for purposes of calculating amounts as required under this Code section for the next fiscal year, the term shall mean the amount of fee proceeds that would have been collected during a specified fiscal year under the original, unreduced amount of the fee. (2) 'Collecting agency' means: (A) For the fees identified in subparagraphs (A) and (B) of paragraph (4) of this subsection, the state department, state agency, public officer, public official, or public entity which collects or receives proceeds of the fee; and (B) For the fees identified in subparagraphs (C) through (J) of paragraph (4) of this subsection, the Georgia Superior Court Clerks' Cooperative Authority. (3) 'Current appropriation amount' means the total amount of funds which were appropriated for a purpose or function described under a subparagraph of paragraph (4) of this subsection during the fiscal year which immediately precedes the fiscal year for which the new appropriation amount is determined for which the calculations are required under subsection (b) of this Code section. (4) 'Fee' means the:

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(A) Solid waste disposal surcharge fee provided for under subsection (e) of Code Section 12-8-39 for the hazardous waste trust fund; (B) Tire disposal fee provided for under subsection (h) of Code Section 12-8-40.1 for the solid waste trust fund; (C) Additional penalty sum provided for under subparagraph (a)(1)(A) of Code Section 15-21-73 for peace officer and prosecutor training; (D) Additional penalty sum provided for under subparagraph (a)(1)(B) of Code Section 15-21-73 for indigent criminal defense; (E) Additional penalty sum provided for under subparagraph (a)(2)(A) of Code Section 15-21-73 for bond forfeitures for peace officer and prosecutor training; (F) Additional penalty sum provided for under subparagraph (a)(2)(B) of Code Section 15-21-73 for indigent criminal defense; (G) Additional penalty sum provided for under subsection (a) of Code Section 1521-179 for the driver education and training fund; (H) Additional filing fee provided for under subsection (a) of Code Section 1521A-6 for indigent criminal defense; (I) Additional filing fee provided for under subsection (b) of Code Section 15-21A6 for indigent criminal defense; and (J) Additional application fee provided for under subsection (c) of Code Section 1521A-6 for indigent criminal defense. (5) 'New appropriation amount' means the total amount of funds which are appropriated for a purpose or function described under a subparagraph of paragraph (4) of this subsection for the newly commencing fiscal year for which the calculations are required under subsection (b) of this Code section. (b) Effective for the fiscal year beginning July 1, 2013, and each fiscal year thereafter: (1) The Office of Planning and Budget shall determine the base amount for the particular purpose or function as described under a subparagraph of paragraph (4) of subsection (a) of this Code section; (2) The Office of Planning and Budget shall determine the current appropriation amount and the new appropriation amount; (3) The Office of Planning and Budget shall determine an amount equal to 20 percent of the base amount and shall add the amount so determined to the current appropriation amount. This sum shall be the target appropriation amount; (4) If the new appropriation amount is equal to or greater than 95 percent of the base amount or is equal to or greater than the target appropriation amount, then the amount of the fee shall not be reduced under this Code section; (5) If the new appropriation amount is less than the target appropriation amount, then the amount of the fee shall be reduced automatically by operation of this Code section by 20 percent for the fiscal year beginning on July 1. Any fee amount adjusted pursuant to this paragraph shall be rounded to the nearest whole dollar amount. Immediately following the date the General Appropriations Act for the newly commencing fiscal year is approved by the Governor or becomes law without such

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approval, the Office of Planning and Budget shall notify the appropriate collecting agency of the adjusted fee amount; and (6) For any fiscal year following a fee reduction under paragraph (5) of this subsection, if the new appropriation amount is equal to or greater than the target appropriation amount, then the fee amount shall, by operation of law, be increased back to the fee amount in place immediately prior to the most recent such reduction. (c) For purposes of the calculations required under this Code section, each time that a 20 percent amount has been added to a prior appropriation amount under paragraph (3) of subsection (b) of this Code section, that amount shall remain cumulative and shall remain as a part of the target appropriation amount for purposes of the calculations required under subsection (b) of this Code section for the next fiscal year. (d)(1) Except as otherwise provided in paragraph (2) or (3) of this subsection, calculations under subsection (b) of this Code section shall continue in effect for a fee for each fiscal year until the new appropriation amount is equal to or greater than 95 percent of the target appropriation amount. (2) If, in any subsequent fiscal year, the new appropriation amount is less than 95 percent of the base amount, then there shall be a commensurate fee reduction applicable to that fee amount effective the first day of the subsequent fiscal year in such amount as may be necessary to offset the difference between the new appropriation amount and the base amount in such fiscal year. (3) In the event that the 20 percent addition required under paragraph (3) of subsection (b) of this Code section results in the target appropriation amount to equal or exceed 95 percent of the base amount, then there shall be no reduction in the fee amount under this Code section for the applicable fiscal year. (e) In the event that a portion of the proceeds of a particular fee are directed by general law to be remitted by a collecting agency directly to a local governing authority, the reduction in such fee amount, if required by this Code section, shall apply proportionately only to that portion of the fee amount that is not required to be so remitted to such local governing authority. (f) No provision of this Code section providing for the determination of any amount shall preclude the appropriation of greater amounts for purposes or functions covered by this Code section. (g) Each collecting agency covered by this Code section and the Office of Planning and Budget shall promulgate such rules and regulations as are necessary and appropriate to implement and administer this Code section, including, but not limited to, appropriate public notification of any change in a fee amount and the effective date of such change required by any provision of this Code section."
SECTION 2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (e) of Code Section 12-8-39, relating to solid waste disposal cost reimbursement fees and surcharges, as follows:

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"(e)(1) Owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 75 per ton of solid waste disposed. Two percent of said surcharges collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division not later than the first day of July of each year for the preceding calendar year. Any facility permitted exclusively for the disposal of construction or demolition waste that conducts recycling activities for construction or demolition materials shall receive a credit towards such surcharges of 75 per ton of material recycled at the facility. (2) The surcharge amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."
SECTION 3. Said title is further amended by adding a new paragraph to subsection (h) of Code Section 12-8-40.1, relating to tire disposal restrictions and fees, as follows:
"(4) The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."
SECTION 4. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new paragraph to subsection (a) of Code Section 15-21-73, relating to penalties to be imposed in certain criminal and quasi-criminal and traffic cases and upon violation of bond, to read as follows:
"(3) Each of the fee amounts provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."
SECTION 5. Said title is further amended by revising subsection (a) of Code Section 15-21-179, relating to additional penalties for violation of traffic laws or ordinances, as follows:
"(a)(1) In every case in which any court in this state shall impose a fine or bond payment, which shall be construed to include costs, for any violation of the traffic laws of this state or for violations of ordinances of political subdivisions which have adopted by reference the traffic laws of this state, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (2) The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."

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SECTION 6. Said title is further amended by adding a new subsection to Code Section 15-21A-6, relating to additional filing fees, application fee for free legal services, and remittance of funds, to read as follows:
"(g) Each of the fee amounts provided for in subsections (a), (b), and (c) of this Code section shall be subject to revision pursuant to Code Section 45-12-92.2."

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

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

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J
Clark, V

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson E Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene E Hamilton Y Hanner
Harbin

E Heckstall Y Hembree
Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Randall Y Reece Y Rice Y Riley Y Roberts

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T E Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A

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Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Maddox, G Manning
Y Marin E Martin Y Maxwell
Mayo

N Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 5.

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

Due to a mechanical malfunction, the vote of Representative Benfield of the 85th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Manning of the 32nd and Murphy of the 120th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Dobbs of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 730. By Representatives Hembree of the 67th, Lindsey of the 54th, Geisinger of the 48th and Rynders of the 152nd:

A BILL to be entitled an Act to amend Code Section 36-91-21 and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to competitive award requirements and to general authority, duties, and procedure relative to state purchasing, respectively, so as to provide for certain contracting and bidding requirements for governmental entities and the Department of Administrative Services relative to public works construction contracts; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

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

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

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

Y Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson

E Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb

Y McBrayer Y McCall N McKillip Y Meadows N Mitchell N Morgan

Y Shaw Y Sheldon Y Sims, B N Sims, C N Smith, E Y Smith, K

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Y Atwood N Baker Y Battles N Beasley-Teague N Bell N Benfield Y Benton N Beverly Y Black Y Braddock Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

N Dobbs Y Dollar N Drenner Y Dudgeon N Dukes E Dunahoo Y Dutton Y Ehrhart Y England N Epps, C
Epps, J N Evans N Floyd N Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon N Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield N Heard

Y Holmes Y Holt Y Horne Y Houston N Howard N Hudson N Hugley Y Jackson Y Jacobs N James Y Jasperse Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser N Kendrick N Kidd Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning N Marin E Martin Y Maxwell N Mayo

Y Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett
Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S Y Setzler

Y Smith, L Y Smith, R
Smith, T N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT N Waites Y Watson Y Welch
Weldon N Wilkerson E Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 104, nays 64.

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

HB 640. By Representative Rogers of the 26th:

A BILL to be entitled an Act to amend Code Section 33-36-14 of the Official Code of Georgia Annotated, relating to exhaustion of rights by claimants against insolvent insurers, so as to correct certain language to provide internal consistency; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter
Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes E Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin E Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 160, nays 7.

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

Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia

Thursday, February 23, 2012

Twenty-Fourth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Abdul-Salaam Abrams Allison Amerson Atwood E Baker Battles E Beasley-Teague Bell E Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, V E Coleman Collins Cooke Coomer Cooper

Crawford Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dollar E Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Fludd Frazier Fullerton Gardner Geisinger E Golick Gordon E Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell

Hatchett Hatfield Heard E Heckstall Hembree Hightower Hill Holcomb Holmes Holt Horne Houston Howard Hugley E Jackson E Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S Jordan Kendrick Kidd Knight Lane Lindsey Maddox, B Maddox, G Manning Marin

E Martin Maxwell McCall McKillip Meadows Mitchell Morris Mosby Murphy Neal, J
E Neal, Y Nimmer Nix Oliver O'Neal Pak Parent Parrish
E Parsons Peake Powell, A Powell, J Purcell Ramsey
E Randall Reece Rice Riley Roberts Rogers, T Rynders
E Scott, M

Setzler Shaw Sheldon Sims, B Smith, E Smith, K Smith, L Smith, R Smith, T Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Waites Watson Welch Wilkerson Wilkinson Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Ashe of the 56th, Dobbs of the 53rd, Henson of the 87th, Hudson of the 124th, Kaiser of the 59th, Long of the 61st, Mayo of the 91st, McBrayer of the 153rd, Pruett of the 144th, Rogers of the 26th, Scott of the 76th, Sims of the 169th, Smyre of the 132nd, Stephenson of the 92nd, and Willard of the 49th.

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They wished to be recorded as present.
Prayer was offered by Reverend Tony Byrd, Zebulon Baptist Church, Toccoa, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1126. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3676), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of

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1287

1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1127. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3667), so as to change the education districts; to provide for definitions and inclusions; to provide for the continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1128. By Representatives Drenner of the 86th, Jacobs of the 80th, Taylor of the 79th, Manning of the 32nd, Williams of the 89th and others:
A BILL to be entitled an Act to amend Code Section 20-2-600 of the Official Code of Georgia Annotated, relating to the leasing of public school property for private purposes authorized, so as to prohibit the leasing of certain public school property for the purpose of erecting telecommunications towers; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1129. By Representatives England of the 108th, Benton of the 31st, Dunahoo of the 25th and Sheldon of the 105th:
A BILL to be entitled an Act to amend an Act creating the Town of Braselton Community Improvement District, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to allow the district to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 1130. By Representatives Stephens of the 164th, Harden of the 147th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide that the Georgia State Board of Pharmacy is administratively attached to the Department of Community Health; to authorize the board to employ an executive director; to provide for the powers and duties of such executive director; to revise provisions for purposes of continuity with respect to the authority of the board and the executive director; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1131. By Representatives Cooke of the 18th and Maxwell of the 17th:
A BILL to be entitled an Act to amend an Act relative to the Board of Commissioners of Haralson County, approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 247), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1132. By Representatives Dickey of the 136th, Harden of the 147th, Carter of the 175th, McCall of the 30th and Carson of the 43rd:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for oversight by the administrator of certain telemarketing practices; to provide for definitions; to provide for conduct by telephone solicitors; to provide for class actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 23, 2012

1289

HB 1133. By Representatives Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to require certified driver improvement programs for purposes of completing certain probation requirements; to modify provisions relating to certified DUI Alcohol or Drug Use Risk Reduction Programs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1134. By Representatives Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to modify provisions relating to definitions and exceptions to the operation of the chapter; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1135. By Representatives Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to require certified driver improvement programs for purposes of completing certain probation requirements; to modify provisions relating to certified DUI Alcohol or Drug Use Risk Reduction Programs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1136. By Representatives Rice of the 51st and Powell of the 29th:
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, penalties, publication of notice of conviction for persons convicted for a second time, and

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endangering a child, so as to modify provisions relating to a clinical evaluation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1137. By Representatives Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the O.C.G.A., relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to require certified driver improvement programs for purposes of completing certain probation requirements; to amend Code Section 40-6-391 of the O.C.G.A., relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for a second time, and endangering a child, so as to modify provisions relating to a clinical evaluation; to amend Chapter 13 of Title 43 of the O.C.G.A., relating to instructors in driver training and operators of driver training schools, so as to modify provisions relating to definitions and exceptions to the operation of the chapter; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1138. By Representatives Parent of the 81st, Kendrick of the 94th, Abrams of the 84th, Oliver of the 83rd, Bell of the 58th and others:
A BILL to be entitled an Act to amend Code Section 21-5-41 of the Official Code of Georgia Annotated, relating to maximum allowable contributions, so as to limit the amount of contributions permitted by entities other than individuals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 1139. By Representatives Parent of the 81st, Abrams of the 84th, Oliver of the 83rd, Evans of the 40th, Kendrick of the 94th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of House of Representatives and Senate and qualifications of members, so as to create the Citizens' Redistricting Commission; to provide for its membership and its duties; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 23, 2012

1291

Referred to the Committee on Legislative & Congressional Reapportionment.
HB 1140. By Representatives Parent of the 81st, Abrams of the 84th, Oliver of the 83rd, Ashe of the 56th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change the definition of a lobbyist; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 1141. By Representatives Purcell of the 159th, Talton of the 145th, Greene of the 149th, McKillip of the 115th, Powell of the 29th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to create the Georgia Sheriffs' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
HB 1142. By Representatives Brockway of the 101st, Rice of the 51st, Sheldon of the 105th, Thomas of the 100th, Floyd of the 99th and others:
A BILL to be entitled an Act to amend an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change provisions relating to the clerk's compensation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1143. By Representatives Cooper of the 41st, Kidd of the 141st and Watson of the 163rd:
A BILL to be entitled an Act to amend Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma

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treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to revise provisions relating to continuing education requirements for persons licensed to practice orthotics or prosthetics; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1144. By Representatives Knight of the 126th, Maddox of the 127th, Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 763), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1145. By Representatives Knight of the 126th, Maddox of the 127th, Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 770), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1147. By Representatives Evans of the 40th, Williams of the 165th, Sims of the 169th, Abrams of the 84th, Fullerton of the 151st and others:

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A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to revise the definition of the term "Zell Miller Scholar"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1148. By Representatives Maxwell of the 17th and Cooke of the 18th:
A BILL to be entitled an Act to abolish the office of county treasurer of Haralson County; to repeal an Act entitled "An Act to fix the salary of the Treasurer of Haralson County," approved August 16, 1915 (Ga. L. 1915, p. 258); to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1149. By Representatives Cheokas of the 134th, Stephens of the 164th, Harden of the 147th, Parrish of the 156th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to provide for definitions; to provide requirements for the content of vaccine protocol agreements; to provide that a party to a vaccine protocol agreement shall not delegate his or her authority; to limit the number of vaccine protocol agreements into which a physician may enter at any one time; to prohibit certain entities from entering into vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 1543. By Representatives Holt of the 112th, Dudgeon of the 24th and Baker of the 78th:
A RESOLUTION creating the House Study Committee on Subsidiary Corporation Condemnation for Electric Transmission Lines; and for other purposes.

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Referred to the Committee on Energy, Utilities & Telecommunications.

HR 1561. By Representatives Shaw of the 176th, McCall of the 30th, Roberts of the 154th, Anderson of the 117th, Nimmer of the 178th and others:

A RESOLUTION urging the United States Department of Labor to recall proposed policies; and for other purposes.

Referred to the Committee on Industrial Relations.

HR 1562. By Representatives Taylor of the 173rd, Carter of the 175th, McCall of the 30th, Roberts of the 154th, Burns of the 157th and others:

A RESOLUTION urging Congress to expand the eligibility requirements of the H-2A guest worker program; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 1160. By Representatives Roberts of the 154th, Houston of the 170th, Burns of the 157th, McCall of the 30th and Williams of the 165th:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

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

HB 1095 HB 1097 HB 1099 HB 1101 HB 1103 HB 1105 HB 1107

HB 1096 HB 1098 HB 1100 HB 1102 HB 1104 HB 1106 HB 1108

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HB 1109 HB 1112 HB 1114 HB 1116 HB 1118 HB 1120 HB 1122 HB 1124 HB 1146 SB 367 SB 390

HB 1111 HB 1113 HB 1115 HB 1117 HB 1119 HB 1121 HB 1123 HB 1125 HR 1542 SB 383

Representative Morris of the 155th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

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

HB 898 HB 945 HB 946

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Morris of the 155th
Chairman

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

Mr. Speaker:

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

HB 673 Do Pass, by Substitute

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

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Representative Hembree of the 67th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

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

HB 548 HB 897 HB 971

Do Pass Do Pass Do Pass, by Substitute

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

Representative Sims of the 169th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:

Mr. Speaker:

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

HB 1024 Do Pass HB 1082 Do Pass

HB 1026 Do Pass HB 1085 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 23, 2012

1297

HB 790 HB 969 HB 973 HB 979 HB 1003 HB 1007 HB 1011 HB 1013 HB 1017 HB 1020 HB 1023 HB 1029 HB 1038 HB 1040 SB 388

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

HB 791 HB 970 HB 978 HB 1002 HB 1006 HB 1008 HB 1012 HB 1016 HB 1018 HB 1021 HB 1028 HB 1037 HB 1039 HB 1041 SB 389

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

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

Mr. Speaker:

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

HB 953 Do Pass, by Substitute HB 1065 Do Pass HB 1066 Do Pass, by Substitute

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

Representative Maxwell of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 208 HB 928 HB 987

Do Pass, by Substitute Do Pass Do Pass

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

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 1240 Do Pass

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 23, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 183 HB 863 HB 879

General Assembly members; members of Georgia Legislative Retirement System; provisions (Substitute)(Ret-Maxwell-17th) State purchasing; purchases without competitive bidding; change certain provisions (Substitute)(SI&P-Hatchett-143rd) Elementary and secondary education; care of students with diabetes in school; provide (Substitute)(H&HS-Ramsey-72nd)

THURSDAY, FEBRUARY 23, 2012

1299

Modified Structured Rule

HB 434 HB 865 HB 875

Social workers; requirements for licensure; revise provisions (H&HSDempsey-13th) Georgia Motor Common and Contract Carrier Act of 2012; enact (Substitute)(MotV-Powell-29th) Natural Resources, Department of; privacy of certain records and personal information; provide (Substitute)(GF&P-Knight-126th)

Structured Rule

None

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

HB 790. By Representatives McBrayer of the 153rd and Roberts of the 154th:

A BILL to be entitled an Act to amend an Act creating the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5720), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend an Act creating the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5720), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal

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Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5720), is amended by revising Section 2 as follows:
"SECTION 2. (a) For purposes of electing members of the Tift County Board of Education, Tift County is divided into seven education districts, and six of those districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: tiftccsbR-import-2011 Plan Type: local Administrator: Tift User: SE'. (b) Education District 7 shall consist of all of Tift County.
(c)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Tift County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Tift County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (d) Education Districts 1, 2, 3, 4, 5, and 6 as they exist immediately prior to the effective date of this Act shall continue to be designated as Education Districts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."

THURSDAY, FEBRUARY 23, 2012

1301

SECTION 2. The Tift County Board of Education shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Tift County Board of Education in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: tiftccsbR-import-2011 Plan Type: local Administrator: Tift User: SE
District 001 Tift County VTD: 27701 - TIFTON NORTHEAST 960300: 5020 5021 6000 6001 6003 6004 6005 6006 VTD: 27705 - DOCIA 960800: 1001 1002 1003 1004 1005 1016 1018 VTD: 27706 - ELDORADO 960900: 2012 2013 3017 3018 3019 3034 3035 3036 3037 3038 3039 3045 3046 3047 3048 3050 3051 3052 3063 3065 VTD: 27709 - TIFTON NORTHWEST 960300: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 960700: 1002 1003 1004 1005 1006 1012 1013 1014 1015 1016 1017 1025 1026 1027 1028 1029 2055 2056 2057 2058 2059 2060 2061 2062

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2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2077 2078 2079 2080 2081 2091 2092 2093 2110 2111 2112 2113 2116 2117 2118 2119 2126 2127 2128 2129 2130 2131 2132 VTD: 27710 - TIFTON SOUTH VTD: 27711 - MOTT-LITMAN GYM 960600: 3025 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 4018 4026 4027 4028 4029 4030 4031 4032 4033 4034 4044 4045
District 002 Tift County VTD: 27701 - TIFTON NORTHEAST 960400: 3043 3047 VTD: 27703 - BROOKFIELD 960500: 2018 2025 2043 2044 2045 960600: 2067 2068 2069 960900: 1000 1001 1002 1003 1004 1005 1008 1061 VTD: 27711 - MOTT-LITMAN GYM 960600: 1000 1001 1002 1003 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2071 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3026 3027 3028 3029 3030 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4015 960700: 1000 1001 1007 1008 1009 1010 1011 4000 4001 4016 960900: 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1042 1060 3000 3001 3002 3003 3004

THURSDAY, FEBRUARY 23, 2012
3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3064 3066 VTD: 27712 - TIFTON LODGE 960400: 3021 3022 3023 3024 3025 3027 3028 3029 3030 3031 3032 3033 3034 3044 3045 3046 3048 960600: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2053 2066 2070
District 003 Tift County VTD: 27703 - BROOKFIELD 960500: 2001 2002 2003 2004 2005 2006 2026 2029 2030 2033 2035 2036 2037 2038 2039 2040 2041 2042 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2080 2083 2084 2085 960900: 1006 1007 1009 1045 1047 1048 VTD: 27705 - DOCIA 960200: 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1077 1097 2045 2057 2058 2059 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 960800: 1006 1007 1008 1009 1011 1012 1013 1014 1015 1017 1019 1021 1022 1023 1035 1038 1039 1040 1041 1042 1043 1044 1063 1066 VTD: 27706 - ELDORADO 960500: 2079 2081 960800: 1027 1028 960900: 1010 1011 1012 1013 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1044 1046 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1062 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043

1303

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JOURNAL OF THE HOUSE

2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 VTD: 27707 - OMEGA VTD: 27708 - TY TY 960200: 2000 2033 2039 2040 2041 2042 2043 2044 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2060 2061 2062 2063 2064 2065 2066 2087
District 004 Tift County VTD: 27702 - BRIGHTON VTD: 27703 - BROOKFIELD 960500: 1131 1132 1134 1135 1136 1137 1138 1139 1141 1142 1143 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1160 1161 1162 2000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2027 2028 2031 2032 2034 2082 2086 VTD: 27704 - CHULA 960100: 2000 2001 2002 2003 2004 2005 2006 2008 2009 2010 2011 2027 2028 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2050 2051 2052 2053 2054 2055 2067 2068 2069 2070 2071 2072 2075 2076 2077 2078 2079 2080 2090 2099 2100 2101 2102 2103 2104 2105 2108 2136 2137 2138 2139 VTD: 27712 - TIFTON LODGE 960400: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 3015 3016 3017 3020 3026 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4050 4051 4052 4053 4054 4055 4056 4057 4059 4060 4061 4062 4063 4064 4065 6000 6001 6002 6003 6004 6005 6007
District 005 Tift County VTD: 27701 - TIFTON NORTHEAST 960300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035

THURSDAY, FEBRUARY 23, 2012
1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 3059 3060 3061 3062 3063 3064 3065 3066 3067 3070 3071 3072 3130 3131 3132 3147 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 6002 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 960400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 3011 3018 3019 3035 3036 3039 3042 5016 5017 5022 960600: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 VTD: 27709 - TIFTON NORTHWEST 960100: 2133 2134 2135 960300: 3000 3001 3002 3003 3004 3068 3069 VTD: 27712 - TIFTON LODGE 960400: 2000 2001 2002 2003 2012 3037 3038 3040 3041 4048 4049 4058 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5018 5019 5020 5021 5023 5024 6006 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037
District 006 Tift County VTD: 27704 - CHULA 960100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035

1305

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1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1131 1140 1141 1142 1143 1158 1159 1163 1167 1168 1169 1170 1185 1189 1190 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2029 2081 2082 2083 2084 2085 2086 2087 2088 2089 2106 2107 2109 2110 2111 2112 2113 2114 2140 960200: 1000 1011 VTD: 27708 - TY TY 960100: 1130 960200: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1052 1053 1054 1055 1056 1057 1073 1074 1075 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2035 2036 2037 2038 2086 VTD: 27709 - TIFTON NORTHWEST 960100: 1091 1132 1133 1134 1135 1136 1137 1138 1139 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1160 1161 1162 1164 1165 1166 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1186 1187 1188 1191 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2141 2142 2143 960200: 1050 1051 1058 1076 960300: 2000 2013 2040 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049

THURSDAY, FEBRUARY 23, 2012

1307

3050 3051 3052 3053 3054 3055 3056 3057 3058 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3148 960700: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2073 2074 2075 2076 2120 2121 2122 2123 2124 2125 2162 2192 2193 2194 2195
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 791. By Representatives McBrayer of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5712), so as to reapportion the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5712), so as to reapportion the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act creating the Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5712), is amended by revising Section 2 as follows:
"SECTION 2. (a) For purposes of electing members of the board of commissioners, Tift County is divided into seven commissioner districts, and six of those districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: tiftccsbR-import-2011 Plan Type: local Administrator: Tift User: SE'. (b) Commissioner District 7 shall consist of all of Tift County.
(c)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Tift County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Tift County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (d) Commissioner Districts 1, 2, 3, 4, 5, and 6 as they exist immediately prior to the effective date of this Act shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. The Board of Commissioners of Tift County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice

THURSDAY, FEBRUARY 23, 2012

1309

or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Tift County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: tiftccsbR-import-2011 Plan Type: local Administrator: Tift User: SE
District 001 Tift County VTD: 27701 - TIFTON NORTHEAST 960300: 5020 5021 6000 6001 6003 6004 6005 6006 VTD: 27705 - DOCIA 960800: 1001 1002 1003 1004 1005 1016 1018 VTD: 27706 - ELDORADO 960900: 2012 2013 3017 3018 3019 3034 3035 3036 3037 3038 3039 3045 3046 3047 3048 3050 3051 3052 3063 3065 VTD: 27709 - TIFTON NORTHWEST 960300: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 960700: 1002 1003 1004 1005 1006 1012 1013 1014 1015 1016 1017 1025 1026 1027 1028 1029 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2077 2078 2079 2080 2081 2091 2092 2093 2110 2111 2112 2113 2116 2117 2118 2119 2126 2127 2128 2129 2130 2131 2132 VTD: 27710 - TIFTON SOUTH

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JOURNAL OF THE HOUSE

VTD: 27711 - MOTT-LITMAN GYM 960600: 3025 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 4018 4026 4027 4028 4029 4030 4031 4032 4033 4034 4044 4045
District 002 Tift County VTD: 27701 - TIFTON NORTHEAST 960400: 3043 3047 VTD: 27703 - BROOKFIELD 960500: 2018 2025 2043 2044 2045 960600: 2067 2068 2069 960900: 1000 1001 1002 1003 1004 1005 1008 1061 VTD: 27711 - MOTT-LITMAN GYM 960600: 1000 1001 1002 1003 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2071 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3026 3027 3028 3029 3030 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4015 960700: 1000 1001 1007 1008 1009 1010 1011 4000 4001 4016 960900: 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1042 1060 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3064 3066 VTD: 27712 - TIFTON LODGE 960400:

THURSDAY, FEBRUARY 23, 2012
3021 3022 3023 3024 3025 3027 3028 3029 3030 3031 3032 3033 3034 3044 3045 3046 3048 960600: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2053 2066 2070
District 003 Tift County VTD: 27703 - BROOKFIELD 960500: 2001 2002 2003 2004 2005 2006 2026 2029 2030 2033 2035 2036 2037 2038 2039 2040 2041 2042 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2080 2083 2084 2085 960900: 1006 1007 1009 1045 1047 1048 VTD: 27705 - DOCIA 960200: 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1077 1097 2045 2057 2058 2059 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 960800: 1006 1007 1008 1009 1011 1012 1013 1014 1015 1017 1019 1021 1022 1023 1035 1038 1039 1040 1041 1042 1043 1044 1063 1066 VTD: 27706 - ELDORADO 960500: 2079 2081 960800: 1027 1028 960900: 1010 1011 1012 1013 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1044 1046 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1062 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 VTD: 27707 - OMEGA VTD: 27708 - TY TY

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960200: 2000 2033 2039 2040 2041 2042 2043 2044 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2060 2061 2062 2063 2064 2065 2066 2087
District 004 Tift County VTD: 27702 - BRIGHTON VTD: 27703 - BROOKFIELD 960500: 1131 1132 1134 1135 1136 1137 1138 1139 1141 1142 1143 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1160 1161 1162 2000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2027 2028 2031 2032 2034 2082 2086 VTD: 27704 - CHULA 960100: 2000 2001 2002 2003 2004 2005 2006 2008 2009 2010 2011 2027 2028 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2050 2051 2052 2053 2054 2055 2067 2068 2069 2070 2071 2072 2075 2076 2077 2078 2079 2080 2090 2099 2100 2101 2102 2103 2104 2105 2108 2136 2137 2138 2139 VTD: 27712 - TIFTON LODGE 960400: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 3015 3016 3017 3020 3026 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4050 4051 4052 4053 4054 4055 4056 4057 4059 4060 4061 4062 4063 4064 4065 6000 6001 6002 6003 6004 6005 6007
District 005 Tift County VTD: 27701 - TIFTON NORTHEAST 960300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 3059 3060 3061 3062 3063 3064 3065 3066 3067 3070 3071 3072 3130 3131 3132 3147 4000 4001 4002 4003 4004 4005 4006

THURSDAY, FEBRUARY 23, 2012
4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 6002 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 960400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 3011 3018 3019 3035 3036 3039 3042 5016 5017 5022 960600: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 VTD: 27709 - TIFTON NORTHWEST 960100: 2133 2134 2135 960300: 3000 3001 3002 3003 3004 3068 3069 VTD: 27712 - TIFTON LODGE 960400: 2000 2001 2002 2003 2012 3037 3038 3040 3041 4048 4049 4058 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5018 5019 5020 5021 5023 5024 6006 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037
District 006 Tift County VTD: 27704 - CHULA 960100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083

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1084 1085 1086 1087 1088 1089 1090 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1131 1140 1141 1142 1143 1158 1159 1163 1167 1168 1169 1170 1185 1189 1190 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2029 2081 2082 2083 2084 2085 2086 2087 2088 2089 2106 2107 2109 2110 2111 2112 2113 2114 2140 960200: 1000 1011 VTD: 27708 - TY TY 960100: 1130 960200: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1052 1053 1054 1055 1056 1057 1073 1074 1075 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2035 2036 2037 2038 2086 VTD: 27709 - TIFTON NORTHWEST 960100: 1091 1132 1133 1134 1135 1136 1137 1138 1139 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1160 1161 1162 1164 1165 1166 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1186 1187 1188 1191 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2141 2142 2143 960200: 1050 1051 1058 1076 960300: 2000 2013 2040 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111

THURSDAY, FEBRUARY 23, 2012

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3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3148 960700: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2073 2074 2075 2076 2120 2121 2122 2123 2124 2125 2162 2192 2193 2194 2195
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 969. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the method of election of the members of the Board of Education of White County," approved May 13, 2008 (Ga. L. 2008, p. 4291), so as to provide for new education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 970. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Commissioners of White County," approved May 13, 2008 (Ga. L. 2008, p. 4205), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 973. By Representatives Stephens of the 164th and Tankersley of the 158th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 978. By Representatives Hamilton of the 23rd, Byrd of the 20th, Jerguson of the 22nd and Hill of the 21st:
A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 979. By Representatives Hamilton of the 23rd, Hill of the 21st, Jerguson of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4876), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 23, 2012

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1002. By Representatives Roberts of the 154th and Pruett of the 144th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5165), so as to change the description of the commissioner districts; to reassign district numbers; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1003. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal a certain Act; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1006. By Representatives Parent of the 81st, Taylor of the 79th, Bell of the 58th, Gardner of the 57th, Henson of the 87th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1007. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3624), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1008. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3632), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1011. By Representatives Heard of the 114th, McKillip of the 115th and Williams of the 113th:
A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the mayor and council of the City of Athens and the existing school system in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4340), so as to change the composition of the board of education and the districts from which members are elected; to provide for definitions and inclusions; to provide for the

THURSDAY, FEBRUARY 23, 2012

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election of members and terms of office; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1012. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1013. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act to reconstitute the law governing the Jackson County School System, approved May 17, 2004 (Ga. L. 2004, p. 3619), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1016. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved April 15, 1996 (Ga. L. 1996, p. 4466), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office

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of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1017. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to amend an Act relative to the Board of Education of Franklin County, approved April 12, 1982 (Ga. L. 1982, p. 3753), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1018. By Representatives Maddox of the 172nd and Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, particularly by an Act approved September 26, 2001 (Ga. L. Ex. Sess. 2001, p. 660), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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 1020. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved June 3, 2003 (Ga. L.

THURSDAY, FEBRUARY 23, 2012

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2003, p. 4266), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1021. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education for Evans County, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4281), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1023. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4852), so as to reconstitute the Board of Education of Polk County; to provide for seven members of such board; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for elections; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1028. By Representative Hatchett of the 143rd:
A BILL to be entitled an Act to amend an Act providing the method of election of the members to the Board of Education of Laurens County,

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approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3950), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1029. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act for the election of members of the Board of Education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), as amended, so as to provide for the election of members of the Board of Education of Screven County; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the filling of vacancies; to provide for qualifications; to provide for the election of a chairperson; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1037. By Representatives McCall of the 30th and Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 23, 2012

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HB 1038. By Representatives McCall of the 30th and Powell of the 29th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for renumbering of certain districts; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1039. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Montgomery County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for manner of election and terms of office; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1040. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Glascock County, approved April 1, 1996 (Ga. L. 1996, p. 3725), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1041. By Representatives Battles of the 15th and Coomer of the 14th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 388. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 389. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5782), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to 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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1325

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Atwood E Baker Y Battles E Beasley-Teague Y Bell E Benfield Y Benton
Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler
Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon E Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan
Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin E Martin Y Maxwell Y Mayo

McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Nix Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 149, nays 0.

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

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.

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

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 324. By Senators Mullis of the 53rd, Tolleson of the 20th, Wilkinson of the 50th, Hooks of the 14th, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to the practice of veterinary medicine, so as to clarify a certain definition; to repeal conflicting laws; and for other purposes.
SB 332. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Loudermilk of the 52nd, Albers of the 56th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 338. By Senators Goggans of the 7th, Jackson of the 2nd and Unterman of the 45th:
A BILL to be entitled an Act to amend Code Section 43-11-52 of the Official Code of Georgia Annotated, relating to the "Georgia Volunteers in Dentistry and Dental Hygiene Act," so as to provide for special licenses for dentists and dental hygienists licensed in other jurisdictions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 360. By Senators Wilkinson of the 50th, Williams of the 19th, Tolleson of the 20th and Jeffares of the 17th:
A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions relative to game and fish, so as to include certain tilapia species as domestic fish; to amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods of taking fish generally, so as to prohibit the use or sale of tilapia as live bait; to repeal conflicting laws; and for other purposes.
SB 361. By Senators Miller of the 49th, Unterman of the 45th, Hooks of the 14th, Goggans of the 7th, Jackson of the 24th and others:

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A BILL to be entitled an Act to amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and businesses, respectively, so as to expand provisions relating to the accreditation of health care facilities to recognize the inclusion of additional nationally recognized health care accreditation bodies; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 370. By Senators Carter of the 1st, Bethel of the 54th, Jackson of the 2nd and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I and V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 396. By Senators Chance of the 16th, Jackson of the 24th, Miller of the 49th, Jeffares of the 17th, Stoner of the 6th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to change certain provisions relating to the Herty Advanced Materials Development Center; to rename the center and transfer governance of the center to the Board of Regents of the University System of Georgia; to provide for an advisory board; to redesignate said provisions into Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 413. By Senator Jackson of the 24th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Glascock County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 433. By Senator Bethel of the 54th:
A BILL to be entitled an Act to amend an Act creating and establishing the Dalton-Whitfield County Charter and Consolidation Commission, approved May 13, 2011 (Ga. L. 2011, p. 4100), so as to change certain provisions relating to referendum results; to provide for submission under the federal

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Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 435. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Webster County, approved April 9, 1993 (Ga. L. 1993, p. 5075), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3826), so as to change the description of the education districts; to define certain terms; to provide for continuation in office of current members; to provide for method of election; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 848. By Representatives Dickson of the 6th, Williams of the 4th and Weldon of the 3rd:
A BILL to be entitled an Act to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, approved April 4, 1991 (Ga. L. 1991, p. 3638), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4301), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 885. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3981), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 892. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th:

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1329

A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3758), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 908. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), and by an Act approved May 5, 2005 (Ga. L. 2005, p. 3597), so as to change the description of the education districts for the Commerce Independent School District; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
HB 921. By Representatives Dickson of the 6th and Meadows of the 5th:
A BILL to be entitled an Act to amend an Act relative to the Murray County Board of Education, approved March 8, 1990 (Ga. L. 1990, p. 3668), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 925. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3718), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as

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amended; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 926. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 927. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Thomson, approved March 15, 1973 (Ga. L. 1973, p. 2132), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3724), so as to change the description of the election districts for the members of the city council; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 324. By Senators Mullis of the 53rd, Tolleson of the 20th, Wilkinson of the 50th, Hooks of the 14th, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to the practice of veterinary medicine, so as to clarify a certain definition; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 332. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Loudermilk of the 52nd, Albers of the 56th, Hill of the 32nd and others:

THURSDAY, FEBRUARY 23, 2012

1331

A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 338. By Senators Goggans of the 7th, Jackson of the 2nd and Unterman of the 45th:
A BILL to be entitled an Act to amend Code Section 43-11-52 of the Official Code of Georgia Annotated, relating to the "Georgia Volunteers in Dentistry and Dental Hygiene Act," so as to provide for special licenses for dentists and dental hygienists licensed in other jurisdictions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 360. By Senators Wilkinson of the 50th, Williams of the 19th, Tolleson of the 20th and Jeffares of the 17th:
A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions relative to game and fish, so as to include certain tilapia species as domestic fish; to amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods of taking fish generally, so as to prohibit the use or sale of tilapia as live bait; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
SB 361. By Senators Miller of the 49th, Unterman of the 45th, Hooks of the 14th, Goggans of the 7th, Jackson of the 24th and others:
A BILL to be entitled an Act to amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and businesses, respectively, so as to expand provisions relating to the accreditation of health care facilities to recognize the inclusion of additional nationally recognized health care accreditation bodies; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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SB 370. By Senators Carter of the 1st, Bethel of the 54th, Jackson of the 2nd and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I and V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 396. By Senators Chance of the 16th, Jackson of the 24th, Miller of the 49th, Jeffares of the 17th, Stoner of the 6th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to change certain provisions relating to the Herty Advanced Materials Development Center; to rename the center and transfer governance of the center to the Board of Regents of the University System of Georgia; to provide for an advisory board; to redesignate said provisions into Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 413. By Senator Jackson of the 24th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Glascock County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
SB 433. By Senator Bethel of the 54th:
A BILL to be entitled an Act to amend an Act creating and establishing the Dalton-Whitfield County Charter and Consolidation Commission, approved May 13, 2011 (Ga. L. 2011, p. 4100), so as to change certain provisions relating to referendum results; to provide for submission under the federal

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Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 435. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Webster County, approved April 9, 1993 (Ga. L. 1993, p. 5075), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3826), so as to change the description of the education districts; to define certain terms; to provide for continuation in office of current members; to provide for method of election; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
Pursuant to HR 1469, the House recognized and commended the Tattnall Square Academy Trojans football team on their GISA AAA State Championship.
Pursuant to HR 1240, the House recognized and commended Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute and invited their instructors to be recognized by the House of Representatives.
Pursuant to HR 1212, the House recognized February 23, 2012, as 100 Black Women Empowerment Day at the state capitol.
Pursuant to HR 1563, the House commended Kay H. Hind as the 2012 Distinguished Older Georgian.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Nix of the 69th, Holmes of the 125th, Kendrick of the 94th, and Williams of the 89th.
Pursuant to HR 1540, the House recognized and commended Ambassador Andrew Young.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

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HR 1240. By Representatives Cooper of the 41st, Clark of the 104th, Riley of the 50th, Mitchell of the 88th, Taylor of the 173rd and others:
A RESOLUTION recognizing and commending Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute and inviting their instructors to be recognized by the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others:
A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, is amended by adding a new subsection to read as follows:
"(k) Records maintained by the department concerning individuals applying for, or in possession of, any license, registration, permit, stamp, or permission issued by the department under this title that reveal an individual's photograph or digitized image, social security number, date of birth, driver's identification number, home address, home telephone number, personal e-mail address, personal mobile telephone number, personal text number, medical or disability information, bank account numbers, account or identification number issued or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, or other physical details, signature, biometric identifiers, and any credit records or reports are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that such records may be provided to public or private entities performing activities under an agreement with the department and such records shall remain exempt from public inspection. Such records shall also be provided, upon request, to any judge, law enforcement agency, or prosecuting official for use in the investigation or prosecution of alleged criminal or unlawful activity, and such records may be provided to other governmental entities for official use. Individuals applying for any license, registration, permit, stamp, or permission issued by the department under this title related to a business may indicate on the application that the department may reveal the address, telephone number, and e-mail address given for the business, even if these are the same as the individual's home address, telephone number, personal e-mail address, personal mobile telephone number, or personal text number."
SECTION 2. Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, is amended by revising subsection (g) as follows:
"(g) All records of the department made or kept pursuant to this Code section shall be public records; provided, however, that the records maintained by the department concerning individuals applying for, or in possession of, any license, registration, permit, stamp, or permission issued by the department under this title that reveal an individual's photograph or digitized image, social security number, date of birth, driver's identification number, home address, home telephone number, personal e-mail address, personal mobile telephone number, personal text number, medical or disability information, bank account numbers, account or identification number issued or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, or other physical details, signature, biometric identifiers, and any credit records or reports are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that such records may be provided to public or private entities performing activities under an agreement with

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the department and such records shall remain exempt from public inspection. Such records shall also be provided, upon request, to any judge, law enforcement agency, or prosecuting official for use in the investigation or prosecution of alleged criminal or unlawful activity, and such records may be provided to other governmental entities for official use. Individuals applying for any license, registration, permit, stamp, or permission issued by the department under this title related to a business may indicate on the application that the department may reveal the address, telephone number, and email address given for the business, even if these are the same as the individual's home address, telephone number, personal e-mail address, personal mobile telephone number, or personal text number."

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

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

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon E Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Hembree
Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser
Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell
Morgan Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A

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E Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Maddox, G Y Manning Y Marin E Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Williams, C Y Williams, E Y Williams, R Y Williamson 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.

Representatives Hembree of the 67th and Weldon of the 3rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 865. By Representatives Powell of the 29th, Harden of the 28th and Rice of the 51st:

A BILL to be entitled an Act to enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend Chapter 1 of Title 40 of the O.C.G.A., relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses; to modify, amend, and repeal provisions of the O.C.G.A., so as to conform certain cross-references, remove duplication of provisions, and remove such functions from current provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses; to modify, amend, and repeal provisions of the Official Code of Georgia Annotated, so as to conform certain cross-

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references, remove duplication of provisions, and remove such functions from current provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I The Georgia Motor Carrier Act.
SECTION 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to the identification and regulation of motor vehicles, is amended by adding a new article to read as follows:
"ARTICLE 3
Part 1
40-1-50. This article shall be known and may be cited as the 'Georgia Motor Carrier Act of 2012.'
40-1-51. The General Assembly finds that the for-hire transportation of persons and property are a privilege that require close regulation and control to protect public welfare, provide for a competitive business environment, and provide for consumer protection. To that end, the provisions of this article are enacted. This is a remedial law and shall be liberally construed. The Department of Public Safety is designated as the agency to implement and enforce this article. Exceptions contained in this article shall have no effect on the applicability of any other provision of law applicable to motor vehicles, commercial motor vehicles, operators of motor vehicles, or carrier operations.
40-1-52. There is created and established a division within the Department of Public Safety to be known as the Motor Carrier Compliance Division. The Motor Carrier Compliance Division shall consist of two sections, the Motor Carrier Compliance Enforcement Section and the Motor Carrier Regulation Compliance Section. Except as provided in Chapter 2 of Title 35, the members of the Motor Carrier Compliance Enforcement Section shall be known and designated as law enforcement officers. The Motor Carrier Regulation Compliance Section shall be responsible for the regulation of the operation of motor carriers and limousine carriers in accordance with this article and motor carrier safety and the transportation of hazardous materials as provided in Code Section 40-1-8 and Article 2 of this chapter.

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40-1-53. The department is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief.
40-1-54. (a) The department shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The commissioner is authorized to issue such orders, authorizations, and modification thereof as necessary to implement this article. (c) A court shall take judicial notice of all rules and regulations promulgated by the department pursuant to this Code section.
40-1-55. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers and limousine carriers or any order, rule, or regulation of the Department of Public Safety, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title.
40-1-56. (a) Any motor carrier or limousine carrier subject to the provisions of Part 2 or Part 3 of this article that fails to register as a motor carrier or limousine carrier with the department or that is subject to the jurisdiction of the department and willfully violates any law administered by the department or any duly promulgated regulation issued thereunder, or that fails, neglects, or refuses to comply with any order after notice thereof, shall be liable for a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which such violation continues.
(b)(1) The department, after a hearing conducted after not less than 30 days' notice, shall determine whether any motor carrier has failed to register or willfully violated any law administered by the department, or any duly promulgated regulation issued thereunder, or has failed, neglected, or refused to comply with any order of the department. Upon an appropriate finding of a violation, the department may impose by order such civil penalties as are provided by subsection (a) of this Code section. In each such proceeding, the department shall maintain a record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 including all pleadings, a transcript of proceedings, a statement of each matter of which the department takes official notice, and all staff memoranda or data submitted to the department in connection with its consideration of the case. All penalties and interest thereon, at the rate of 10 percent per annum, recovered by the department shall be paid into the general fund of the state treasury.

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(2) Any party aggrieved by a decision of the department may seek judicial review as provided in subsection (c) of this Code section. (c)(1) Any party who has exhausted all administrative remedies available before the department and who is aggrieved by a final decision of the department in a proceeding described in subsection (b) of this Code section may seek judicial review of the final order of the department in the Superior Court of Fulton County. (2) Proceedings for review shall be instituted by filing a petition within 30 days after the service of the final decision of the department or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the department shall not be a prerequisite to the filing of a petition for review. Copies of the petition shall be served upon the department and all parties of record before the department. (3) The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision, and the ground, as specified in paragraph (6) of this subsection, upon which the petitioner contends that the decision should be reversed. The petition may be amended by leave of court. (4) Within 30 days after service of the petition or within such further time as is stipulated by the parties or as is allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate that the record be limited may be taxed for the additional costs. The court may require or permit subsequent corrections or additions to the record. (5) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the agency, the court may order that the additional evidence be taken before the department upon such procedure as is determined by the court. The department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (6) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse the decision of the department if substantial rights of the petitioner have been prejudiced because the department's findings, inferences, conclusions, or decisions are:
(A) In violation of constitutional or statutory provisions; (B) In excess of the statutory authority of the commission department; (C) Made upon unlawful procedure; (D) Clearly not supported by any reliable, probative, and substantial evidence on the record as a whole; or (E) Arbitrary or capricious.

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(7) A party aggrieved by an order of the court in a proceeding authorized under subsection (b) of this Code section may appeal to the Supreme Court of Georgia or to the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5, the 'Appellate Practice Act.'
40-1-57. Rules, orders, and regulations previously adopted which relate to functions performed by the Pubic Service Commission which were transferred under this Article to the Department of Public Safety shall remain of full force and effect as rules, orders, and regulations of the Department of Public Safety until amended, repealed, or superseded by rules or regulations adopted by the department.
Part 2
40-1-100. As used in this part, the term:
(1) 'Carrier' means a person who undertakes the transporting of goods or passengers for compensation. (2) 'Certificate' or 'motor carrier certificate' means a certificate of public convenience and necessity issued pursuant to this part or under the 'Motor Carrier Act of 1929,' under the 'Motor Carrier Act of 1931,' or under prior law. (3) 'Commissioner' means the Commissioner of the Department of Public Safety. (4) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5) 'Exempt rideshare' means:
(A) Government endorsed rideshare programs; (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. (7) '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

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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. (8) 'GRTA' means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71. (9) '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 commissioner 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. (10) 'Motor carrier' means:
(A) Every person owning, controlling, operating, or managing any motor vehicle, including the lessees, receivers, or trustees of such persons or receivers appointed by any court, used in the business of transporting for hire persons or household goods, or both, or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over any public highway in this state. (B) Except as otherwise provided in this subparagraph, the term 'motor 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 which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities; the provisions of this division notwithstanding, vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 60-1-8; (iii) Limousine carriers as provided for in Part 3 of this article; (iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (v) 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 part, 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;

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(vi) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (vii) 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 part, elderly and disabled persons shall have the same meaning as in division (iv) of this subparagraph; or (viii) Ambulances. (11) '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. (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) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (14) '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 commissioner.
40-1-101. (a) Notwithstanding any other provision of law to the contrary, all motor carriers operating on the public roads of this state shall be subject to the requirements of this part and shall be deemed to have given consent to regulatory compliance inspections. (b) Unless expressly prohibited by federal law, the commissioner is vested with power to regulate the business of any person engaged in the transportation as a motor carrier of persons or property, either or both, for hire on any public highway of this state. (c) The commissioner is authorized to employ and designate a person or persons as necessary to implement and carry out the functions contained in this part. (d) All motor carriers shall:
(1) Obtain a certificate as required by this part; (2) Maintain liability insurance as provided in the rules and regulations of the department;

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(3) Act in compliance with Georgia's workers' compensation laws as provided in Chapter 9 of Title 34 of the Official Code of Georgia Annotated; and (4) 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.
40-1-102. (a) No motor carrier of passengers or household goods shall, except as otherwise provided in this part, operate without first obtaining from the commissioner a certificate. (b) Before a motor carrier may enter into any contract for the transportation of passengers, the motor carrier shall provide to all parties to the agreement a copy of the motor carrier's proof of legally required minimum insurance coverage and a valid certification number demonstrating that the motor carrier is currently certified by the commissioner, the Commissioner of Revenue, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency. Any contract entered into in violation of this Code section shall be void and unenforceable.
40-1-103. (a) The department shall prescribe the form of the application for a motor carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process. (b) A motor carrier certificate shall be issued to any qualified applicant, provided that such applicant is a motor carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this part and the rules and regulations of the department and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
40-1-104. (a) The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any motor carrier certificate, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this part or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner the holder of the certificate is not furnishing adequate service. (b) The commissioner may, at any time, after reasonable attempt at notice, immediately suspend any motor carrier certificate, if the commissioner finds such suspension necessary to protect life, health, or safety, or to protect the public and consumers.

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Certificate holders affected by such suspension may appeal to the commissioner for review pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedures Act.' The commissioner may exercise his or her discretion to designate a hearing officer for such appeals. (c) The commissioner, or his or her designated employees, may issue an out-of-service order or orders to a certificate holder, pursuant to the provisions of this article.
40-1-105. Any motor carrier certificate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise.
40-1-106. (a) The commissioner shall issue a motor carrier certificate to a person authorizing transportation as a motor carrier of passengers or household goods subject to the jurisdiction of the department if the commissioner finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the department. Fitness encompasses three factors:
(1) The applicant's financial ability to perform the service it seeks to provide; (2) The applicant's capability and willingness to perform properly and safely the proposed service; and (3) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the department. (b) The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant. (c) Upon an applicant making out a prima-facie case as to the motor carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought should not be granted. (d) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting motor carrier: (1) Possesses authority from the department to handle, in whole or in part, the authority which is being applied for and is willing and able to provide service and has performed service during the previous 12 month period or has actively in good faith solicited service during such period; (2) Has pending before the department an application previously filed with the department for substantially the same authority; or (3) Is granted by the commissioner leave to intervene upon a showing of other interests which in the discretion of the commissioner would warrant such a grant. (e) The commissioner may issue a certificate without a hearing if the application is unprotested or unopposed.
40-1-107. The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this

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part. Such rules shall require that the application be in writing, under oath, and that the application:
(1) Contains full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant; (2) States the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation; and (3) Contains any such other or additional information as the commissioner may order or require.
40-1-108. Any motor carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The commissioner shall provide to all motor 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 motor carrier.
40-1-109. The commissioner shall collect the following one-time fees upon initial application of a motor carrier pursuant to this part:
(1) A fee of $75.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles; (2) A fee of $150.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles; (3) A fee of $200.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles; (4) A fee of $75.00 to accompany each application for transfer of a motor carrier certificate; and (5) A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 40-1-104.
40-1-110. The commissioner, upon the filing of an application for a motor carrier certificate, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheriffs' notices are published. If no protest is filed with the department or if the protest is subsequently withdrawn, the commissioner may issue the motor carrier certificate without a hearing.

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40-1-111. When an application for a motor carrier certificate under this part has been in whole or in part denied by the commissioner, or has been granted by the commissioner, and the order of the commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the department within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order.
40-1-112. (a) No motor carrier of household goods or passengers shall be issued a motor carrier certificate unless there is filed with the department a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents; and, in the case of vehicles transporting household goods, to secure the owner or person entitled to recover against loss or damage to such household goods for which the motor common carrier may be legally liable. The department shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the department shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer. (b) The department shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants. (c) It shall be permissible under this part for any person having a cause of action arising under this part to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract.
40-1-113. (a) As used in this Code section, the term:
(1) 'Motor carrier transportation contract' means a contract, agreement, or understanding covering:
(A) The transportation of property for compensation or hire by the motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or (C) A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property. Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal

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Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment. (2) 'Promisee' means the person promising to provide transportation of property and any agents, employees, servants, or independent contractors who are directly responsible to such person but shall not include a motor carrier party to a motor carrier transportation contract with such person and such motor carrier's agents, employees, servants, or independent contractors directly responsible to such motor carrier. (b) Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.
40-1-114. Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the department may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the department's findings supporting its determination that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commissioner finds necessary with respect to such authority. Emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the department shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.
40-1-115. A motor carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the department, and thereupon its certificate therefor shall be canceled. A motor carrier of passengers may discontinue any part of

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its service on any route upon 30 days' published notice, subject, however, to the right of the department to withdraw its certificate for such route if, in the opinion of the commissioner, such diminished service is not adequate or is no longer compatible with the public interest.
40-1-116. No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a motor carrier to operate equipment, or on the equipment, or on any incidents of the business of a motor carrier.
40-1-117. (a) Each nonresident motor carrier shall, before any permit is issued to it under this part or at the time of registering as required by Code Section 40-2-140, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the state revenue commissioner. Upon failure of any nonresident motor carrier to file such designation with the state revenue commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail or statutory overnight delivery by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00. (b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the state revenue commissioner, may be brought in the county where the cause of action or some part thereof arose; and if the motor carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.

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40-1-118. The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor carriers of household goods and for all services rendered by motor carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the department may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the department may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the department shall establish a rate-making procedure for all carriers of household goods. Failure on the part of any motor carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the department.
40-1-119. No motor carrier of household goods shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of property or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the department; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commissioner may prescribe, by general order, to what persons motor carriers of household goods may issue passes or free transportation; may prescribe reduced rates for special occasions; and may fix and prescribe rates and schedules.
40-1-120. Motor carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the department; and the department may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers, other than hand baggage, the department shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.
40-1-121. The department shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this part, which books and accounts shall be preserved for such reasonable time as may be prescribed by the department. The books and records of every certificate holder shall be at all times open to the inspection of any agent of the department for such purpose. The department shall have the power to examine the books and records of all motor carriers to whom it has granted certificates or permits to

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operate under this part and to examine under oath the officers and agents of any motor carrier with respect thereto.
40-1-122. Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the department the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed.
40-1-123. Any motor carrier which operates on the public highways of this state without the required certificate or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this part, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the department, by a competing motor carrier or rail carrier, or by any individual.
40-1-124. Nothing in this part or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit issued under this part any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways.
40-1-125. (a) Upon issuance by the commissioner of an order suspending or revoking a motor carrier certificate, such motor carrier shall be afforded a hearing to be held in accordance with the procedures set forth in Code Section 40-1-56. (b) Any person whose motor carrier certificate has been suspended or revoked and who has exhausted all administrative remedies available within the Department of Public Safety is entitled to judicial review in accordance with Code Section 40-1-56.
40-1-126. In circumstances where a motor carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this part so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the department shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this part as to such commerce. The provisions of this part do not apply to purely interstate commerce nor

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to carriers exclusively engaged in interstate commerce. When a motor carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this part so far as they separately relate to commerce carried on in this state.
40-1-127. (a) All actions at law against motor carriers operating in this state, which actions seek to recover overcharges accruing on intrastate shipments, shall be initiated within a period of three years after the time the cause of action accrues, and not thereafter, provided that, if a claim for the overcharge is presented in writing to the carrier within the three-year period of limitation, the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part thereof. (b) A motor carrier of property may, upon notice to the commissioner of public safety, elect to be subject to the following requirements regarding rates, charges, and claims for loss or damage:
(1) A motor carrier of property shall provide to the shipper, upon request of the shipper, a written or electronic copy of the rate, classification, rules, and practices upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a carrier is challenged by the person paying the freight charges, the commissioner of public safety shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In cases where a carrier other than a carrier providing transportation of household goods seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the commissioner of public safety determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges; (2) If a shipper seeks to contest the charges originally billed by a motor carrier of property, the shipper may request that the commissioner of public safety determine whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges; and (3) Claims for loss of or damage to property for which any motor carrier of property may be liable must be filed within nine months after the delivery of the property, except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed. (c) The commissioner of public safety shall adopt rules regarding rates, charges, and claims for loss or damage applicable to carriers of household goods.
40-1-128. (a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges

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established or approved by the department for motor carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the department, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. (b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the department under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state. (c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.
40-1-129. (a) Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certificate issued by the department or is holding itself out as such a carrier without such a certificate in violation of this part, the department may impose a fine of not more than $5,000.00 for each violation. The department may assess the person, firm, or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the department. The department may also assess interest at the rate specified in Code Section 40-1-56 on any fine or assessment imposed, to commence on the day the fine or assessment becomes delinquent. All fines, assessments, and interest collected by the department shall be paid into the general fund of the state treasury. Any party aggrieved by a decision of the department under this subsection may seek judicial review as provided in Code section 40-1-56. (b) Any person, firm, or corporation who knowingly and willfully issues, publishes, or affixes or causes or permits the issuance, publishing, or affixing of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the department is guilty of a misdemeanor. Any fine or assessment imposed by the department pursuant to the provisions of subsection (a) of this Code section shall not bar criminal prosecution pursuant to the provisions of this subsection.
40-1-130. In any advertisement for a motor carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising and any listing or sites on any website, the motor carrier shall include the motor carrier authorization number issued to it by the Department of Public Safety. The

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requirements of this Code section shall not apply to nonconsensual towing motor carriers providing services pursuant to Code Section 44-1-13. The department shall be required to issue a motor carrier authorization number to each registered motor carrier. Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person is advertising in violation of this Code section, the department may impose a fine of not more than $500.00 for an initial violation and not more than $15,000.00 for a second or subsequent violation.
Part 3
40-1-150. This part shall be known and may be cited as the 'Georgia Limousine Carrier Act.'
40-1-151. As used in this part, the term:
(1) 'Certificate' or 'limousine carrier certificate' means a certificate issued by the department for the operation of limousines or limousine services under this part and such certificates issued by the Public Service Commission on or before June 30, 2012. (2) 'Chauffeur' means any person with a Georgia state driver's license who meets the qualifications as prescribed in this part and who is authorized by the commissioner of driver services to drive a motor vehicle of a limousine carrier as provided in paragraph (5) below. (3) Department 'means the Department of Public Safety. (4) 'Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine. (5) 'Limousine carrier' means any person owning or operating a prearranged service regularly rendered to the public by furnishing transportation as a motor carrier for hire, not over fixed routes, by means of one or more unmetered:
(A) Limousines; (B) Extended limousines; (C) Sedans; (D) Extended sedans; (E) Sport utility vehicles; (F) Extended sport utility vehicles; (G) Other vehicles with a capacity for seating and transporting no more than 15 persons for hire including the driver; or (H) Any combination of subparagraphs (A) through (G) of this paragraph on the basis of telephone contract or written contract. A limousine carrier shall not use per capita rates or charges.

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(6) 'Person' means any individual, firm, partnership, private or public corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. (7) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (8) '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 commission.
40-1-152. (a) No limousine carrier shall operate any motor vehicle owned or operated by a limousine carrier for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article. (b) No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the department a certificate to do so.
40-1-153. (a) The department shall prescribe the form of the application for a limousine carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process. (b) A limousine carrier certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this part and the rules and regulations of the department and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
40-1-154. (a) It shall be the duty of the department to regulate limousine carriers with respect to the safety of equipment. (b) The department shall require safety and mechanical inspections at least on an annual basis for each vehicle owned or operated by a limousine carrier. The department shall provide, by rule or regulation, for the scope of such inspections, the qualifications of persons who may conduct such inspections, and the manner by which the results of such inspections shall be reported to the department. (c) In addition to the requirements of this Code section, limousine carriers shall comply with the applicable provisions of Code Section 40-1-8.

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40-1-155. No limousine carrier certificate issued under this part may be leased, assigned, or otherwise transferred or encumbered unless authorized by the department.
40-1-156. (a) The department may cancel, revoke, or suspend any limousine carrier certificate issued under this part on any of the following grounds:
(1) The violation of any of the provisions of this part; (2) The violation of an order, decision, rule, regulation, or requirement established by the department; (3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the department; (4) Failure of a limousine carrier to maintain required insurance in full force and effect; and (5) Failure of a limousine carrier to operate and perform reasonable services. (b) After the cancellation or revocation of a certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
40-1-157. Limousine certificates shall be valid unless suspended, revoked, or cancelled by the commissioner, or surrendered to the commissioner by the holder.
40-1-158. Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall secure from the Department of Driver Services a limousine chauffeur authorization and license endorsement.
40-1-159. The commissioner shall collect the following one-time fees upon initial application of a limousine carrier pursuant to this part:
(1) A fee of $75.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six limousines; (2) A fee of $150.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 limousines; (3) A fee of $200.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 limousines; and (4) A fee of $75.00 to accompany each application for transfer of a certificate.

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40-1-160. Any limousine carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23 and Code Section 3-9-6, concerning consumption of alcoholic beverages. The commissioner shall provide to all such limousine carriers, at the time of registration a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the limousine carrier.
40-1-161. (a) The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any limousine certificate issued under this part, or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this part or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner the holder of the certificate is not furnishing adequate service.
40-1-162. The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this part; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that such fees shall not exceed the airport's approximate cost of permitting and regulating limousine carriers; and provided, further, that such governing authorities of such airports shall accept a chauffeur's endorsement issued by the Department of Driver Services to the driver and evidence of a certificate issued to the limousine carrier by the Department of Public Safety as adequate evidence of sufficient criminal background investigations and shall not require any fee for any further criminal background investigation. The list of licensed limousine carriers on the website of the Department of Public Safety shall be sufficient evidence that a limousine carrier has a certificate issued by the Department of Public Safety.
40-1-163. (a) Notwithstanding the powers granted to the department regarding tariffs of other motor carriers, the department is not authorized to set, adjust, or change rates or charges for transportation of passengers, property, or passengers and property by a vehicle of a type listed in Code Section 40-1-118 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier. (b) Any tariff issued by the department that exists as of June 30, 2007, that regulates the rates or charges for transportation of passengers, property, or passengers and

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property by a vehicle of a type listed in Code Section 40-1-118 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier shall be void.
40-1-164. Before the department shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.
40-1-165. In any advertisement for a limousine carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising and any listing or sites on any website, the limousine carrier shall include the motor carrier authorization number issued to it by the Department of Public Safety. The department shall be required to issue a motor carrier authorization number to each registered limousine carrier. Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person is advertising in violation of this Code section, the department may impose a fine of not more than $500.00 for an initial violation and not more than $15,000.00 for a second or subsequent violation.
40-1-166. Each limousine carrier shall obtain and maintain commercial indemnity and liability insurance with an insurance company authorized to do business in this state which policy shall provide for the protection of passengers and property carried and of the public against injury proximately caused by the negligence of the limousine carrier, its servants, and its agents. The minimum amount of such insurance shall be:
(1) For capacity of 12 passengers or less, $300,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo; or (2) For capacity of more than 12 passengers, $500,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo.
40-1-167. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine carrier name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service.

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40-1-168. No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a limousine carrier to operate equipment, or on the equipment, or on any incidents of the business of a limousine carrier.
40-1-169. The department is authorized to enforce the provisions of this part. Additionally, the department may hear a petition by a third party asserting that a limousine carrier has violated 40-1-152 and may impose the penalties and seek the remedies set out in 40-156 of this title if the department finds such a violation.
40-1-170. The provisions of this part and the powers granted to the department by this part to regulate limousine carriers shall apply to every vehicle of a type listed in Code Section 40-1-151 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier."
SECTION 2. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new Code section to read as follows:
"40-5-39. (a) The department shall endorse the driver's license of any approved limousine chauffeur employed by a limousine carrier. In order to be eligible for such endorsement, an applicant shall:
(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; (3) Not have been convicted, been on probation or parole, or served time on a sentence for a period of ten years previous to the date of application for 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; (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. (b) Such endorsement shall be valid for the same term as such person's driver's license, provided that each person seeking renewal of a driver's license with such endorsement shall submit to a review of his or her criminal history for verification of his or her continued eligibility for such endorsement prior to making application for such renewal using the same process set forth in subsection (a) of this Code section. If such person no longer satisfies the background requirements set forth herein, he or she shall not be eligible for the inclusion of such endorsement on his or her driver' license, and it shall be renewed without the endorsement. (c) Every chauffeur employed by a limousine carrier shall have his or her Georgia driver's license with the prescribed endorsement in his or her possession at all times while operating a motor vehicle of a limousine carrier. (d) The department is authorized to promulgate rules and regulations as necessary to implement this Code section."
PART II Conformity of Cross-References.
SECTION 3. Code Section 20-1-10 of the Official Code of Georgia Annotated, relating to certification by Public Service Commission required prior to contracting with motor or contract carrier, is amended by revising subsection (b) as follows:
"(b) No educational institution receiving state funds shall enter into an agreement with a motor carrier or contract carrier for the purpose of transporting students without first verifying that such carrier is certified by the Public Service Commission Department of Public Safety as required by Article 1 of Chapter 7 of Title 46 Article 5 of Chapter 2 of Title 35, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency."
SECTION 4. Code Section 27-5-4 of the Official Code of Georgia Annotated, relating to wild animal licenses and permits generally, is amended by revising subsection (d) as follows:
"(d) No wild animal license or permit shall be required for a carrier regulated either by the Interstate Commerce Commission, the Civil Aeronautics Board, or the Public Service Commission Department of Public Safety to import or transport any wild animal."

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SECTION 5. Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to employment, is amended by revising subparagraph (n)(10)(B) as follows:
"(B) The employer exercises no general control over such commission agent but only such control as is necessary to assure compliance with its filed tariffs and with the laws of the United States and the State of Georgia and the rules and regulations of the Public Service Commission Department of Public Safety, the Interstate Commerce Commission Federal Motor Carrier Safety Administration, and all other regulatory bodies having jurisdiction of the premises; and"
SECTION 6. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by revising Article 5, relating to the Motor Carrier Compliance Division, as follows:
"ARTICLE 5
35-2-100. There is shall be created and established a division of the Department of Public Safety to be known as the Motor Carrier Compliance Division, and within the division shall be created a section to be known as the Motor Carrier Compliance Enforcement Section. Except as provided in Code Section 35-2-102, the members of the Motor Carrier Compliance Division Enforcement Section shall be known and designated as 'law enforcement officers.'
35-2-101. (a) The Motor Carrier Compliance Division Enforcement Section of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law. (b) The primary duties of the Motor Carrier Compliance Division Enforcement Section shall be as follows:
(1) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32; (2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations thereof to the Department of Revenue; (3) Enforcement of safety standards for motor vehicles and motor vehicle components; (4) Enforcement of laws relating to hazardous materials carriers; (5) Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for

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or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (6) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers; (7) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control; (8) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes; (9) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system; (10) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system; (11) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and (12) Enforcement of any state law when ordered to do so by the commissioner. (c) In performance of the duties specified in subsection (b) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall: (1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with laws, the administration or enforcement of which is the responsibility of the department; (4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with laws, the administration or enforcement of which is the responsibility of the department; and (5) Exercise the powers generally authorized for law enforcement officers in the performance of their duties or otherwise to the extent needed to protect any life or property when the circumstances demand action. (d) The commissioner shall authorize law enforcement officers of the Motor Carrier Compliance Division Enforcement Section to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that

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the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made.
(e)(1) Certified law enforcement officers employed by the Motor Carrier Compliance Division Enforcement Section may use a department motor vehicle while working an approved off-duty job, provided that:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.
35-2-102. (a) The commissioner is authorized to establish a position to be known as 'weight inspector' within the Motor Carrier Compliance Division Enforcement Section of the Department of Public Safety. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate. (b) The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in the Motor Carrier Compliance Division Enforcement Section. (c) A weight inspector, at the fixed scales facility, shall be authorized to:
(1) Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and (2) Detain a commercial motor vehicle that:
(A) Has a safety defect which is critical to the continued safe operation of the vehicle; (B) Is being operated in violation of any criminal law; or

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(C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base. The detention authorized by this paragraph shall be for the purpose of contacting a certified member of the Motor Carrier Compliance Division Enforcement Section or Georgia State Patrol. A certified officer shall report to the scene of a detained vehicle and take any further action deemed appropriate including completing the inspection and investigation, making an arrest, or bringing criminal or civil charges. (d) A weight inspector is not a peace officer and shall not be authorized to carry a firearm or exercise any power of arrest other than a citizen's arrest in accordance with Code Sections 17-4-60 and 17-4-61. At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer.
SECTION 7. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-1, relating to definitions applicable to registration and licensing of motor vehicles, by revising paragraph (4) as follows:
"(4) 'Motor carrier' means: (A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner, or commissioner of public safety, or Public Service Commission who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5, Title 46, or this chapter whether operated in interstate or intrastate commerce, or both."
SECTION 8. Said title is further amended in Code Section 40-2-162, relating to formulas, rules, and apportionment of cost of annual license fees of motor buses to motor common carriers of passengers for hire operating partially outside state, by revising subsection (a) as follows:
"(a) The commissioner shall apportion the cost of the annual fees for the licensing of motor buses to motor common carriers of passengers for hire operating a fleet of two or more motor buses either interstate, or both interstate and intrastate, under the authority of the Interstate Commerce Commission or under authority of both the Interstate Commerce Commission Federal Motor Carrier Safety Administration and the Public Service Commission Department of Public Safety of this state. The apportionment shall be done so that the total cost of the fees shall bear the same proportion to the annual fees for motor buses as the total number of miles traveled by the fleet of the carrier in this state in both interstate and intrastate operations during the preceding year bears to the total number of miles traveled by the fleet during the year in both interstate and intrastate operations."

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SECTION 9. Said title is further amended in Code Section 40-6-248.1, relating to securing loads on vehicles, by revising subsection (c) as follows:
"(c) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Public Service Commission, Georgia Department of Public Safety, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles."
SECTION 10. Said title is further amended in Code Section 40-16-2, relating to the primary responsibilities of the Department of Driver Services, by revising subsection (b) as follows:
"(b) Responsibility for the following functions formerly exercised by the Department of Motor Vehicle Safety is transferred as follows:
(1) Promulgation of regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32 shall be vested in the Department of Transportation; and administrative enforcement of such regulations and the law enforcement function of apprehending and citing violators of such laws and regulations are transferred to the Department of Public Safety, as well as the function of promulgating regulations relative to its enforcement function; (2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements is transferred to the Department of Public Safety; (3) Administration of laws and regulations relating to certification of motor carriers and limousine carriers is transferred to the Public Service Commission Department of Public Safety and administration of laws and regulations relating to carrier registration and registration and titling of vehicles is transferred to the Department of Revenue;"
SECTION 11. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-1-13, relating to removal of improperly parked cars or trespassing on personal property, as follows:
"44-1-13. (a) As used in this Code section, the term:
(1) 'Commission Department' means the Public Service Commission Department of Public Safety. (2) 'Private property' means any parcel or space of private real property. (a.1) Any person or his or her authorized agent entitled to the possession of any private property shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private property notice that any vehicle or trespassing personal property which is not

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authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of residential private property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the commission department, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property.
(b)(1) The commission department shall have the authorization to regulate and control the towing of trespassing vehicles on private property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. The commission department is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00. (2) In accordance with subsection (d) of this Code section, the governing authority of a municipality may require towing and storage operators to charge lower maximum rates on traffic moving between points within such municipality than those provided by the commission department's maximum rate tariff and may require higher public liability insurance limits and cargo insurance limits than those required by the commission department. The governing authority of a municipality shall not provide for higher maximum costs of removal, relocation, or storage than is provided for by the commission department. (c) In all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census a person entitled to the possession of an off-street parking area or vacant lot within an area zoned commercial by the municipality shall have the right to remove any vehicle or trespassing personal property parked thereon after the regular activity on such property is concluded for the day only if access to such property from the public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access to the off-street parking area or vacant lot and there is conspicuously posted in the area a notice, the location of which must be approved by the municipality's police department, that any vehicle or trespassing personal property parked thereon which is not authorized to be in such area may be removed at the expense of the owner along with information

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as to where the vehicle or trespassing personal property may be recovered, the cost of said recovery, and information regarding the form of payment.
(d)(1) In addition to the regulatory jurisdiction of the commission department, the governing authority of each municipality having towing and storage firms operating within its territorial boundaries may require and issue a license or permit to engage in private trespass towing within its corporate municipal limits pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license or permit shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility rate-making procedures, and shall be established annually by the governing authority of each municipality having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. (2) Towing and storage firms operating within a municipality's corporate limits shall obtain a nonconsensual towing permit from the commission department and shall file its registered agent's name and address with the commission department. (e) Any person who suffers injury or damages as a result of a violation of this Code section may bring an action in any court of competent jurisdiction for actual damages, which shall be presumed to be not less than $100.00, together with court costs. A court shall award three times actual damages for an intentional violation of this Code section. (f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private property to provide automatic or systematic surveillance of such property for purposes of removal and relocation of any such vehicle or trespassing personal property except upon call by such person in possession of such private property to such towing and storage firm for each individual case of trespass; provided, further, that it shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm to pay to any private property owner or one in possession of private property any fee or emolument, directly or indirectly, for the right to remove a vehicle or trespassing personal property from said private property."
SECTION 12. Said title is further amended by revising Code Section 44-7-59, relating to removal of transportable housing from lands subject to writ of possession, as follows:
"44-7-59. If the court issues a writ of possession to property upon which the tenant has placed a manufactured home, mobile home, trailer, or other type of transportable housing and the tenant does not move the same within ten days after a final order is entered, the landlord shall be entitled to have such transportable housing moved from the property

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at the expense of the tenant by a motor common carrier licensed by the Public Service Commission Department of Public Safety for the transportation of manufactured housing. There shall be a lien upon such transportable housing to the extent of moving fees and storage expenses in favor of the person performing such services. Such lien may be claimed and foreclosed in the same manner as special liens on personalty by mechanics under Code Sections 44-14-363 and 44-14-550, except that storage fees not to exceed $4.00 per day shall be expressly allowed."
SECTION 13. 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 Product 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)(1) 'Certificate' means a certificate of public convenience and necessity issued pursuant to this title. (3)(2) 'Commission' means the Public Service Commission. (4)(3) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5)(4) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (5.1) 'Exempt rideshare' means:
(A) Government endorsed rideshare programs; (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)(5) '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.

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(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) Reserved. (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 household goods or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over any public highway in this state. Vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8. (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 household goods, or both, or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13, 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 which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities; the provisions of this division notwithstanding, vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8;

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(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) Reserved; (vi) Reserved; (vii) Reserved; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Reserved; (x) Reserved; (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 subparagraph; (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) Reserved.

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(12)(6) '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) Reserved. (14) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (15)(7) '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)(8) '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. (17)(9) '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 commission."
SECTION 14. Said title is further amended by revising Code Section 46-3-38, relating to applicability of part to moving or transportation of houses or buildings, as follows:
"46-3-38. In addition to the exceptions set forth in Code Section 46-3-37, this part shall not be construed as applying to and shall not apply to the moving or transportation of houses or buildings or parts thereof when such moving is under the jurisdiction of, and is undertaken pursuant to authority granted by, the Georgia Public Service Commission Department of Public Safety."
SECTION 15. Said title is further amended by repealing Chapter 7, relating to motor carriers, and designating said chapter as reserved.
SECTION 16. Said title is further amended by repealing Code Section 46-9-6, relating to limitations of actions against carriers for recovery of overcharges, requirements regarding rates, charges, and claims for loss or damage, and designating said Code section as reserved.

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SECTION 17. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising division (5)(B)(ii) of Code Section 48-8-3, relating to exemptions from the state sales and use tax, as follows:
"(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 Department of Public Safety, and whose fares and charges are regulated by the Public Service Commission Department of Public Safety, 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 Department of Public Safety, 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;"
SECTION 18. Said title is further amended by revising Code Section 48-8-93, relating to nonimposition of tax on property ordered by and delivered to a purchaser outside a special district and conditions of delivery, as follows:
"48-8-93. No tax provided for in Code Section 48-8-82 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 special district in which the joint 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 Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Department of Public Safety."
SECTION 19. Said title is further amended by revising Code Section 48-8-107, relating to property ordered by and delivered to a purchaser at a point outside the geographical area of a special district in which tax is imposed, as follows:
"48-8-107. No sales and use tax provided for in Code Section 48-8-102 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 special district in which the sales and use tax is imposed under this article 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 Federal

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Motor Carrier Safety Administration or the Georgia Public Service Commission Department of Public Safety."
SECTION 20. Said title is further amended by revising Code Section 48-8-117, relating inapplicability of tax to certain sales of tangible personal property outside the taxing county, as follows:
"48-8-117. 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 Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Georgia Department of Public Safety."
SECTION 21. Said title is further amended by revising Code Section 48-8-208, relating to no tax on products ordered and delivered outside geographical area of a municipality, as follows:
"48-8-208. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the municipality in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Highway Administration Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Georgia Department of Public Safety."
SECTION 22. Said title is further amended by revising Code Section 48-8-253, relating to nonimposition of tax on property ordered by and delivered to purchaser outside special district and conditions on delivery, as follows:
"48-8-253. 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 special district 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 Surface Transportation Board Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Georgia Department of Public Safety."

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SECTION 23. Said title is further amended by revising subsection (a) of Code Section 48-13-16, relating to excluded businesses or practitioners and other laws on occupation taxes or registration fees of local governments not repealed, as follows:
"(a) The following businesses or practitioners shall be excluded from occupation tax, registration fees, or regulatory fees under the provisions of this article but shall be subject to taxation and regulation as otherwise provided by general law and municipal charters:
(1) Those businesses regulated by the Georgia Public Service Commission and the Georgia Department of Public Safety; (2) Those electrical service businesses organized under Chapter 3 of Title 46; and (3) Any farm operation for the production from or on the land of agricultural products, but not including any agribusiness."

SECTION 24. Said title is further amended by revising subsection (b) of Code Section 48-13-18, relating to levy by municipalities of occupation taxes on licensed businesses, trades, and professions and prohibition of municipal licensing or taxation of businesses, trades, or operations operating registered vehicles, as follows:
"(b) Nothing contained in this Code section shall be construed to authorize the municipal licensing or taxation of businesses, trades, or occupations operating motor vehicles required to be registered with the Public Service Commission Department of Public Safety of this state."

PART III Effective Date and Repealer.

SECTION 25. This Act shall become effective on July 1, 2012.

SECTION 26. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E

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Y Ashe Y Atwood E Baker Y Battles Y Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke
Coomer Cooper Y Crawford

Y Dickson Y Dobbs Y Dollar E Drenner N Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon E Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser
Kendrick Y Kidd Y Knight
Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin E Martin Y Maxwell Y Mayo

Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice
Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley N Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 3.

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

Representative Braddock of the 19th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Purcell of the 159th District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

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

HB 247 Do Pass, by Substitute

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Respectfully submitted, /s/ Purcell of the 159th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 183. By Representatives Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Greene of the 149th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that all persons who become members of the General Assembly on or after July 1, 2012, shall become members of the Georgia Legislative Retirement System; to provide that persons who are members of the General Assembly on July 1, 2012, but who are not members of the retirement system may elect membership; to provide for creditable service and the payment of the full actuarial value; to repeal certain obsolete provisions relative to membership by certain staff members; to provide for notification of return to service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that persons who first or again become members of the General Assembly on or after July 1, 2012, may elect to become members of the Georgia Legislative Retirement System; to provide that persons who are members of the General Assembly on July 1, 2012, but who are not members of the retirement system may elect membership; to provide for creditable service and the payment of the full actuarial value; to repeal certain obsolete provisions relative to membership by certain staff members; to provide for notification of return to service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, is amended by revising Code Section 47-6-1, relating to definitions, as follows:

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"47-6-1. As used in this chapter, the term:
(1) 'Accumulated contributions' means the sum of all amounts deducted from the compensation of a member or paid by the member to establish or reestablish credit for service, which amounts are credited to his or her individual account in the system, together with regular interest thereon. Beginning on January 12, 1981, this term shall include the amount of employee contributions paid by the employer on behalf of members, together with regular interest thereon, excluding employee contributions paid by the employer for group term life insurance coverage. (2) 'Beneficiary' means any person in receipt of a retirement allowance or other benefit as provided by the system. (3) 'Board' means the Board of Trustees of the Employees' Retirement System of Georgia; provided, however, that if any member of such board of trustees is an active or retired member or a beneficiary of this retirement system, he or she shall not serve as a member of the board of trustees of this retirement system. (4) 'Creditable service' means prior service and membership service for which credit is allowable under this chapter, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall it include any service which has been or may be credited to a member by any other public retirement system of this state. (5) 'Date of establishment' means July 1, 1967. (6) 'Member' means any person included in the membership of the system. (7) 'Membership service' means service as paid for by the member, as provided for in Code Section 47-6-60. (8) 'Prior service' means service rendered prior to January 1, 1954, as a Representative, Senator, or staff member of the General Assembly and service, day for day, on active duty in any component of the armed forces of the United States during wartime or during any conflict in which military personnel were committed by the President of the United States, provided that no such service in excess of five years shall be creditable. (8.1) 'Prior service' shall also include military service which is creditable under Code Section 47-6-70.1. (9) 'Retirement allowance' means monthly payments for life pursuant to Code Section 47-6-80. (10) 'Staff members' means the Secretary of the Senate, the Clerk of the House of Representatives, and the messenger and doorkeeper for each of the two houses of the General Assembly. (11) 'System' means the Georgia Legislative Retirement System."
SECTION 2. Said chapter is further amended by revising Code Section 47-6-40, relating to qualifications for membership in the Georgia Legislative Retirement System,

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membership of persons who cease to become members of the General Assembly before age 60, and termination of membership, as follows:
"47-6-40. (a) All persons who are members of the General Assembly on July 1, 1967, shall become members of the system as of such date, except that within six months from such date any such person may irrevocably elect not to be a member of the system. All other persons shall become members of the system on taking office as members of the General Assembly. Staff members shall have the option to become members of the system under the same conditions as elected members of the General Assembly. Each person who first or again becomes a member of the General Assembly on or after July 1, 2012, may make an irrevocable election at the beginning of each term of office to become a member of the Georgia Legislative Retirement System within two months of taking office as a member of the General Assembly. Any member of this retirement system who is elected to a consecutive term of office and who has elected membership in this retirement system shall be deemed to have continuous membership from term to term and shall not be required to reapply each term. (b) If a member of the system ceases to be a member of the General Assembly before attaining age 60 and for reasons other than death, such member, unless he or she withdraws his or her contributions pursuant to Code Section 47-6-85, shall continue as a noncontributing member of the system. Any such noncontributing member shall not gain any additional membership service. If he or she again becomes a member of the General Assembly and a contributing member of the system, such member shall retain the membership service previously credited to him or her. If a member subject to this subsection withdraws his or her contributions upon ceasing to be a member of the General Assembly, any membership service credited to him or her at the time such contributions are withdrawn shall be forfeited and may not be reestablished if he or she again becomes a member of the General Assembly. (c) Should any member of the system in any period of five consecutive years after becoming a member be absent from service more than four years, withdraw his or her contributions or become a beneficiary of such system, or die, he or she shall thereupon cease to be a member. (d) A member of the General Assembly serving on July 1, 2012, may make an irrevocable election to become a member of this retirement system and may obtain creditable service for prior service as a member of the General Assembly as provided in this Code section. In order to obtain such additional creditable service, the member must:
(1) Make application to the board of trustees in such manner as the board deems appropriate not later than December 31, 2012. Such application and payment must be made in conjunction with and simultaneously with the member's application for membership; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section;

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provided, however, that no creditable service shall be granted or obtained pursuant to this Code section if such service may be used to calculate creditable service under any other public retirement system created by this title. (e) A member of the General Assembly may obtain creditable service for membership in the General Assembly only for the purposes of the Georgia Legislative Retirement System, and no service as a member of the General Assembly which is obtained after December 31, 1985, by any such member shall be creditable or used as creditable service for the purposes of any other public retirement or pension system of this state."
SECTION 3. Said chapter is further amended by revising Code Section 47-6-84, relating to termination of retirement allowance upon return to service and retirement benefits for retired members returning to service in the General Assembly, by adding a new subsection to read as follows:
"(c)(1) As used in this subsection, the term 'public employer' means any branch of state government and any state agency, department, board, bureau, or other instrumentality. This term also includes the Board of Regents of the University System of Georgia and any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof. (2) Any public employer that employs a retired plan member shall within 30 days of the employee's accepting employment notify the board of trustees in writing stating the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board may request. Any employer that fails to notify the board of trustees as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and the employer becomes liable to the retirement system, the plan member shall hold the employer harmless for all such liability."
SECTION 4. This Act shall become effective on July 1, 2012, 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, 2012, as required by subsection (a) of Code Section 47-20-50.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker Y Battles N Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon E Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin E Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons
Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 2.

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

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.

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HB 879. By Representatives Ramsey of the 72nd, Cooper of the 41st, Watson of the 163rd, Coleman of the 97th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by parents or guardians for a student; to delineate the functions that may be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by parents or guardians for a student; to delineate the functions that may be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that:
(1) Diabetes is a serious, chronic disease that impairs the body's ability to use food. Diabetes must be managed 24 hours a day in order to avoid the potentially lifethreatening consequences of blood glucose levels that are either too high (hyperglycemia) or too low (hypoglycemia), and to avoid or delay the serious long-term complications of high blood glucose levels which include blindness, amputation, heart disease, and kidney failure. (2) In order to manage their disease, students with diabetes must have access to the means to balance food, medications, and physical activity levels while at school and at school related activities;

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(3) Diabetes is generally a self-managed disease, and many students with diabetes are able to perform most of their own diabetes care tasks. Such students should be permitted to do so in the school setting. However, some students, because of age, inexperience, or other factors, need help with some or all of diabetes care tasks, and all students will need help in the event of a diabetes emergency; (4) The school nurse is the preferred person in the school setting to provide or facilitate care for a student with diabetes. Many schools in Georgia, however, do not have a fulltime nurse, or a school nurse may not always be available on site. Thus, even when a nurse is assigned to a school full time, he or she will not always be available to provide direct care during the school day; (5) Diabetes management is needed at all times. Additional school personnel, who have completed training coordinated by the school nurse or other health care professional and who provide care under the supervision of the school nurse or other health care professional, need to be prepared to perform diabetes care tasks at school when a school nurse or other health care professional is not available. Preparations are needed to ensure that students with diabetes will be medically safe and have the same access to educational opportunities as all students in Georgia; and (6) Due to the significant number of students with diabetes, the effect of diabetes upon a student's ability to learn, and the risk for serious long-term and short-term medical complications, legislation in this state is necessary to address this issue.
SECTION 2. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, is amended by adding a new Code section to read as follows:
"20-2-779. (a) As used in this Code section, the term:
(1) 'Diabetes medical management plan' means a document developed by the student's physician or other health care provider that sets out the health services, including the student's target range for blood glucose levels, needed by the student at school and is signed by the student's parent or guardian. (2) 'School' means any primary or secondary public school located within this state. (3) 'School employee' means any person employed by a local board of education or state chartered special school or any person employed by a local health department who is assigned to a public school. (4) 'Trained diabetes personnel' means a school employee who volunteers to be trained in accordance with this Code section. Such employee shall not be required to be a health care professional. (b)(1) No later than August 1, 2012, the Department of Education, in conjunction with the Georgia Association of School Nurses, shall develop guidelines for the training of school employees in the care needed for students with diabetes. The training guidelines shall include instruction in:
(A) Recognition and treatment of hypoglycemia and hyperglycemia;

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(B) Understanding the appropriate actions to take when blood glucose levels are outside of the target ranges indicated by a student's diabetes medical management plan; (C) Understanding physician instructions concerning diabetes medication dosage, frequency, and the manner of administration; (D) Performance of finger-stick blood glucose checking, ketone checking, and recording the results; (E) Administration of insulin and glucagon, an injectable used to raise blood glucose levels immediately for severe hypoglycemia, and the recording of results; (F) Performance of basic insulin pump functions; (G) Recognizing complications that require emergency assistance; and (H) Recommended schedules and food intake for meals and snacks, the effect of physical activity upon blood glucose levels, and actions to be implemented in the case of schedule disruption. (2) Each local board of education and state chartered special school shall ensure that the training outlined in paragraph (1) of this subsection is provided to a minimum of two school employees at each school attended by a student with diabetes. (3) A school employee shall not be subject to any penalty or disciplinary action for refusing to serve as trained diabetes personnel. (4) The training outlined in paragraph (1) of this subsection shall be coordinated and provided by a school nurse or may be contracted out to be provided by another health care professional with expertise in diabetes. Such training shall take place prior to the commencement of each school year, or as needed when a student with diabetes is newly enrolled at a school or a student is newly diagnosed with diabetes. The school nurse or other contracted health care professional shall provide follow-up training and supervision. (5) Each local school system and state chartered special school shall provide information in the recognition of diabetes related emergency situations to all bus drivers responsible for the transportation of a student with diabetes. (c) The parent or guardian of each student with diabetes who seeks diabetes care while at school shall submit to the school a diabetes medical management plan which upon receipt shall be reviewed and implemented by the school. (d)(1) In accordance with the request of a parent or guardian of a student with diabetes and the student's diabetes medical management plan, the school nurse or, in the absence of the school nurse, trained diabetes personnel shall perform functions including, but not limited to, responding to blood glucose levels that are outside of the student's target range; administering glucagon; administering insulin, or assisting a student in administering insulin through the insulin delivery system the student uses; providing oral diabetes medications; checking and recording blood glucose levels and ketone levels, or assisting a student with such checking and recording; and following instructions regarding meals, snacks, and physical activity. (2) The school nurse or at least one trained diabetes personnel shall be on site at each school and available during regular school hours and during field trips that occur

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during school hours to provide care to each student with diabetes as identified pursuant to subsection (c) of this Code section. (3) There shall be trained diabetes personnel at each school where a student with diabetes is enrolled, and a student's school choice shall in no way be restricted because the student has diabetes. (4) The activities set forth in paragraph (1) of this subsection shall not constitute the practice of nursing and shall be exempted from all applicable statutory and regulatory provisions that restrict what activities can be delegated to or performed by a person who is not a licensed health care professional. (e) Upon written request of a student's parent or guardian and if authorized by the student's diabetes medical management plan, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the monitoring and treatment of his or her diabetes in the classroom, in any area of the school or school grounds, and at any school related activity, and he or she shall be permitted to possess on his or her person at all times all necessary supplies and equipment to perform such monitoring and treatment functions. (f) No physician, nurse, school employee, local school system, or state chartered special school shall be liable for civil damages or subject to disciplinary action under professional licensing regulations or school disciplinary policies as a result of the activities authorized or required by this Code section when such acts are committed as an ordinarily reasonably prudent physician, nurse, school employee, local school system, or state chartered special school would have acted under the same or similar circumstances. (g) A private school which complies with the requirements of this Code section shall have the same limited liability for such school and its employees in the same manner as for public schools as provided for in subsection (f) of this Code section."

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

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

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

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar

Y Heckstall Y Hembree Y Henson N Hightower N Hill Y Holcomb Y Holmes N Holt

N McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R

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Y Battles N Beasley-Teague Y Bell E Benfield N Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman N Collins N Cooke
Coomer Y Cooper Y Crawford

E Drenner N Dudgeon Y Dukes
Dunahoo N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon E Greene N Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Harrell Y Hatchett N Hatfield Y Heard

Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser E Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin E Martin Y Maxwell Y Mayo

Y Murphy Y Neal, J E Neal, Y Y Nimmer N Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice N Riley Y Roberts Y Rogers, C N Rogers, T N Rynders E Scott, M N Scott, S E Setzler

Y Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley N Taylor, D Y Taylor, R Y Taylor, T N Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 26.

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

Due to a mechanical malfunction, the vote of Representative Dunahoo of the 25th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 434. By Representatives Dempsey of the 13th, Rynders of the 152nd, Purcell of the 159th, Kaiser of the 59th, Sims of the 119th and others:

A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to revise a definition; to revise provisions relating to requirements for licensure in social work; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker Y Battles N Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V E Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton
Gardner Y Geisinger Y Golick Y Gordon E Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb
Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser E Kendrick Y Kidd
Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin E Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 156, nays 5.

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

By unanimous consent, the following Bill of the House was postponed until the next legislative day:

HB 863. By Representatives Hatchett of the 143rd, Hamilton of the 23rd, Stephens of the 164th, Roberts of the 154th, Carter of the 175th and others:

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A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes.
Representative Smith of the 70th moved that the following Bill of the House be withdrawn from the Committee on Natural Resources & Environment and recommitted to the Special Committee on Small Business Development and Job Creation:
HB 1102. By Representatives Smith of the 70th, Stephens of the 164th, Knight of the 126th, Manning of the 32nd, McCall of the 30th and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1565. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION commending Dr. Bob Heaberlin for being selected as Georgia's 2011 National Distinguished Principal and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1566. By Representatives Dukes of the 150th, Heard of the 114th, Smyre of the 132nd, Randall of the 138th, Fullerton of the 151st and others:
A RESOLUTION recognizing and commending the 33rd anniversary of the designation of "Georgia On My Mind" as the official song of Georgia and inviting Sheila Raye Charles and her siblings to be recognized by the House of Representatives; and for other purposes.
HR 1567. By Representatives Dukes of the 150th, Heard of the 114th, Smyre of the 132nd, Randall of the 138th, Fullerton of the 151st and others:

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A RESOLUTION commending Sheila Raye Charles and inviting her and her family to be recognized by the House of Representatives; and for other purposes.
HR 1568. By Representatives Parent of the 81st, Oliver of the 83rd, Benfield of the 85th, Stephenson of the 92nd, Kaiser of the 59th and others:
A RESOLUTION commending Dr. John C. Taylor and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1569. By Representatives Parent of the 81st, Benfield of the 85th, Kendrick of the 94th, Bell of the 58th, Evans of the 40th and others:
A RESOLUTION commending Kate's Club for its outstanding service to youth, recognizing March 1, 2012, as Kate's Club Grief Awareness Day at the capitol, and inviting Founder Kate Atwood and the Kate's Club board of directors to be recognized by the House of Representatives; and for other purposes.
HR 1570. By Representatives Parent of the 81st, Oliver of the 83rd, Bell of the 58th, Kaiser of the 59th, Mayo of the 91st and others:
A RESOLUTION recognizing the month of April, 2012, as Genocide Prevention and Awareness Month at the capitol and inviting the Georgia Coalition to Prevent Genocide to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1563. By Representatives Dukes of the 150th, Rynders of the 152nd and Fullerton of the 151st:
A RESOLUTION commending Kay H. Hind as the 2012 Distinguished Older Georgian; and for other purposes.
HR 1571. By Representatives Geisinger of the 48th, Lindsey of the 54th, Jones of the 46th, Riley of the 50th, Dobbs of the 53rd and others:
A RESOLUTION recognizing and commending the 2012 Atlanta Sports Awards Finalist for High School Scholar Athlete of the Year, Cyrus Carrier Wilson; and for other purposes.

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HR 1572. By Representative Ralston of the 7th:
A RESOLUTION commending Grace Little, Fannin County High School's 2012 STAR Student; and for other purposes.
HR 1573. By Representatives Geisinger of the 48th, Kidd of the 141st, Riley of the 50th, Dobbs of the 53rd, Taylor of the 79th and others:
A RESOLUTION recognizing March 1, 2012, as Hemophilia of Georgia Day at the capitol; and for other purposes.
HR 1574. By Representatives Rogers of the 26th, Dunahoo of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION honoring the life and memory of J. Bradley Abernathy; and for other purposes.
HR 1575. By Representatives Rogers of the 26th, Dunahoo of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION honoring the life and memory of Dr. L. Wendell Carpenter; and for other purposes.
HR 1576. By Representative Anderson of the 117th:
A RESOLUTION recognizing and commending the Kelley Family; and for other purposes.
HR 1577. By Representatives Dempsey of the 13th, Coomer of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending 2012 Heart of the Community Award Winner Greg Sumner; and for other purposes.
HR 1578. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Kendrick of the 94th and Smyre of the 132nd:
A RESOLUTION recognizing and commending Bud Smith; and for other purposes.
HR 1579. By Representatives Dempsey of the 13th, Coomer of the 14th, Reece of the 11th and Crawford of the 16th:

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A RESOLUTION recognizing and commending 2012 Heart of the Community Award Winner David Hunter; and for other purposes.
HR 1580. By Representatives Dempsey of the 13th, Coomer of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending 2012 Heart of the Community Award Winner Nancy Smith Hunter; and for other purposes.
HR 1581. By Representatives Dempsey of the 13th, Coomer of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending 2012 Young Heart of the Community Award Winner Rachel Rogers; and for other purposes.
HR 1582. By Representatives Dempsey of the 13th, Coomer of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending 26th Annual Heart of the Community Award Winner Bryan Shealy; and for other purposes.
HR 1583. By Representatives Dempsey of the 13th, Coomer of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending 26th Annual Heart of the Community Award Winner Shirley Miller Denmon; and for other purposes.
HR 1584. By Representatives Dempsey of the 13th, Coomer of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending 2012 Heart of the Community Award Winner Nina Lovel; and for other purposes.
HR 1585. By Representatives Dempsey of the 13th, Coomer of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending 26th Annual Heart of the Community Board of Governors' Award Winner Mr. Earl Tillman; and for other purposes.

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HR 1586. By Representative Henson of the 87th:
A RESOLUTION recognizing and commending Hadassah on the occasion of its 100th anniversary; and for other purposes.
HR 1587. By Representatives Coleman of the 97th, Dudgeon of the 24th, Sims of the 119th, Casas of the 103rd, Benton of the 31st and others:
A RESOLUTION recognizing and commending Comcast for its Leaders and Achievers and Internet Essentials Programs; and for other purposes.
Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 541 Do Pass, by Substitute HB 997 Do Pass
Respectfully submitted, /s/ Golick of the 34th
Chairman
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 829. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), so as to revise the boundaries of certain state house districts; to provide for related matters; 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 do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Friday, February 24, 2012

Twenty-Fifth Legislative Day

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

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

E Abdul-Salaam Abrams Allison Amerson Anderson Ashe Atwood Baker Battles
E Beasley-Teague Bell
E Benfield Benton Beverly
E Black Braddock Brockway Brooks Bruce Bryant Buckner Burns Byrd Carson Carter
E Casas Channell Cheokas Clark, V Collins

Cooke Coomer Cooper Crawford Davis E Dawkins-Haigler E Dickerson Dickey Dobbs Dudgeon Dunahoo Dutton England Epps, J Evans Frazier Fullerton Gardner E Golick Gordon Greene Hamilton Hanner Harbin Harden, B E Harden, M Harrell Hatchett Hembree Hightower

Hill Holcomb Holmes Holt Horne Houston Howard E Hudson Hugley Jacobs James Jasperse Johnson Jones, S E Kendrick Kidd Knight Lane Lindsey Maddox, B Maddox, G Manning E Marin E Martin Maxwell McBrayer McCall McKillip Meadows Mitchell

Morgan Mosby Murphy E Neal, Y Nimmer Nix E Oliver O'Neal Pak Parent Parrish E Parsons Peake Powell, A E Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, T Rynders E Scott, M Scott, S E Setzler E Shaw Sheldon

Sims, B Smith, E Smith, K Smith, L Smith, R E Smith, T Smyre Spencer Stephens, M Stephens, R E Stephenson Talton Tankersley E Taylor, D E Taylor, R Taylor, T Teasley Thomas Watson Welch Weldon Wilkerson Wilkinson Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Coleman of the 97th, Dempsey of the 13th, Dollar of the 45th, Epps of the 128th, Geisinger of the 48th, Hatfield of the 177th, Heard of the 114th, Henson of the 87th, Jordan of the 77th, Kaiser of the 59th, Long of the 61st, Mayo of the 91st, Morris of the 155th, Rogers of the 26th, Waites of the 60th, and Willard of the 49th.

They wished to be recorded as present.

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Prayer was offered by Reverend Tom Plank, Senior Minister, Galilee Christian Church, Jefferson, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1150. By Representatives Nimmer of the 178th, Lane of the 167th and Smith of the 168th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wayne County, approved March 6, 1962 (Ga. L. 1962, p. 3110), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for election, terms of office, and qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a contingent repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 1151. By Representatives Nimmer of the 178th, Smith of the 168th and Lane of the 167th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for election, terms of office, and qualifications of members; to provide for nonpartisan elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1152. By Representative Amerson of the 9th:
A BILL to be entitled an Act to provide for an advisory referendum in Lumpkin County on the question of whether the package sale of distilled spirits should be permitted in the county; to provide for the ballot; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 1153. By Representative Kidd of the 141st:
A BILL to be entitled an Act to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to impose an infrastructure fee of $2.00 on the purchase of any ticket for events for which more than 2,000 tickets have been made available for retail sale; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1154. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend an Act to create the City of Milton Public Buildings and Facilities Authority, approved May 29, 2007 (Ga. L. 2007, p. 4264), so as to authorize city councilmembers to be appointed to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 1155. By Representatives Heard of the 114th, Beasley-Teague of the 65th, Murphy of the 120th, Brooks of the 63rd, Dawkins-Haigler of the 93rd and others:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to limit the number of Zell Miller Scholars at eligible public postsecondary institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1156. By Representatives Heard of the 114th, Beasley-Teague of the 65th, Murphy of the 120th, Brooks of the 63rd, Scott of the 76th and others:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to add a maximum annual household income requirement for purposes of eligibility for HOPE scholarships and grants; to provide for an annual determination; to provide for hardship waivers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1157. By Representatives Heard of the 114th, Beasley-Teague of the 65th, Murphy of the 120th, Brooks of the 63rd, Dawkins-Haigler of the 93rd and others:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to revise the definition of a Zell Miller Scholar; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1158. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5169), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation

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in office for current members; to provide for terms of office and manner of election; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1159. By Representatives Pruett of the 144th, Dobbs of the 53rd, Lindsey of the 54th, Gardner of the 57th, Harden of the 147th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relating to health, so as to provide for the creation of the Joint Study Commission on Education for Parents with Newborn Children; to provide for its composition and duties; to provide for the distribution of informational videos on health related topics by hospitals and other health care facilities to mothers of newborn infants; to provide for a definition; to provide that such requirement is contingent on available funding; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1161. By Representatives Mayo of the 91st and Mosby of the 90th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for minimum training requirements for personal care home employees; to provide for personal care home employee continuing education; to provide for issuance and revocation of owners' licenses under certain circumstances; to provide for refusal to employ a director, administrator, or on-site manager and employees under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 1162. By Representatives Clark of the 98th, Peake of the 137th, Ramsey of the 72nd, Sheldon of the 105th, Hamilton of the 23rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization for the Department of Revenue, so as to provide for sponsorship for certain additional services provided by the department for the benefit of

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taxpayers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1163. By Representatives Cooper of the 41st, Watson of the 163rd, Purcell of the 159th and Amerson of the 9th:

A BILL to be entitled an Act to amend Code Section 43-39-1 of the Official Code of Georgia Annotated, relating to definitions relative to psychologists, so as to clarify the practice of psychology; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1564. By Representatives Heard of the 114th, Beasley-Teague of the 65th, Murphy of the 120th, Brooks of the 63rd, Dawkins-Haigler of the 93rd and others:

A RESOLUTION urging the Georgia Student Finance Commission to provide the General Assembly with the necessary data and information to assess whether the HOPE scholarship program is meeting its desired results; and for other purposes.

Referred to the Committee on Appropriations.

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

HB 1126 HB 1128 HB 1130 HB 1132 HB 1134 HB 1136 HB 1138 HB 1140 HB 1142 HB 1144 HB 1147 HB 1149 HR 1543 HR 1562 SB 332

HB 1127 HB 1129 HB 1131 HB 1133 HB 1135 HB 1137 HB 1139 HB 1141 HB 1143 HB 1145 HB 1148 HB 1160 HR 1561 SB 324 SB 338

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SB 360 SB 370 SB 413 SB 435

SB 361 SB 396 SB 433

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 825 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Hamilton of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 766 Do Pass SB 101 Do Pass

HB 990 Do Pass, by Substitute SB 343 Do Pass

Respectfully submitted, /s/ Hamilton of the 23rd
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

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Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1025 HB 1060 HB 1075 HB 1077 HB 1084 HB 1088 HB 1092 HB 1113 SB 392

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1059 HB 1074 HB 1076 HB 1083 HB 1087 HB 1091 HB 1100 HB 1118 SB 397

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
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 1440 Do Pass HR 1546 Do Pass HR 1565 Do Pass

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 24, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

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Modified Open Rule

HB 869

Natural Resources, Board of; rules and regulations; revise certain provisions (GF&P-Lane-167th)

Modified Structured Rule

HB 372 HB 419 HB 776 HB 795

Bonds; release unclaimed bonds one year after surety released; provide (JudyNC-Allison-8th) Foreclosure; time of delivery of notice of proceedings; change (Substitute)(Judy-Mitchell-88th) Elections; nonpartisan elections for members of consolidated governments considered county elections; provide (GAff-Sims-119th) All-terrain vehicles; make definitions consistent with industry standards (MotV-Powell-29th)

Structured Rule

None

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

Representative Jacobs of the 80th moved that the following Bill of the House be removed from the Local Calendar and voted on separately:

HB 1113. By Representatives Henson of the 87th, Mosby of the 90th, Drenner of the 86th, Stephenson of the 92nd, Kendrick of the 94th and others:

A BILL to be entitled an Act to authorize the governing authority of DeKalb 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.

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

E Abdul-Salaam N Abrams Y Allison Y Amerson

Y Davis E Dawkins-Haigler
Dempsey E Dickerson

Heckstall Y Hembree
Henson Y Hightower

Y McBrayer Y McCall Y McKillip Y Meadows

E Shaw Y Sheldon Y Sims, B
Sims, C

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Y Anderson N Ashe Y Atwood Y Baker Y Battles E Beasley-Teague N Bell E Benfield Y Benton N Beverly E Black Y Braddock Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Dickey Y Dickson Y Dobbs
Dollar N Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton
Ehrhart Y England
Epps, C Y Epps, J N Evans N Floyd
Fludd N Frazier N Fullerton N Gardner Y Geisinger E Golick N Gordon Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett
Hatfield Heard

Y Hill N Holcomb Y Holmes
Holt Y Horne Y Houston N Howard E Hudson N Hugley N Jackson Y Jacobs N James
Jasperse E Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B
Maddox, G Y Manning E Marin E Martin Y Maxwell N Mayo

N Mitchell Y Morgan
Morris N Mosby N Murphy
Neal, J E Neal, Y
Nimmer Y Nix E Oliver Y O'Neal Y Pak
Parent Y Parrish E Parsons Y Peake Y Powell, A E Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S E Setzler

N Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T
Smyre Y Spencer N Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley E Taylor, D E Taylor, R Y Taylor, T
Teasley N Thomas
VACANT Waites Y Watson Welch Weldon N Wilkerson Y Wilkinson N Willard N Williams, A Y Williams, C N Williams, E Williams, R Williamson Y Yates Ralston, Speaker

On the motion, the ayes were 88, nays 40.

The motion was lost.

Representatives Henson of the 87th and Waites of the 60th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

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

HB 1025. By Representatives Oliver of the 83rd, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Benfield of the 85th 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,

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1403

particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3677), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1059. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3986), so as to change the description of the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1060. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating the Burke County Board of Education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5156), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1074. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. L. 1988, p. 3755), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for

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preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1075. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3964), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1076. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4692), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1077. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p.

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1405

4697), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1083. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1084. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5621), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1087. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974,

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p. 3078), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3691), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1088. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3684), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1091. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), so as to increase the amount of the exemption from school district taxes for residents who are 65 and older; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1092. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), so as

FRIDAY, FEBRUARY 24, 2012

1407

to provide for staggered terms for members of the city council; to provide for the manner of election; to provide that the mayor and council shall appoint the city attorney and city clerk; to revise the duties of the mayor and council; to revise the amount of fines that may be imposed by the municipal court; to provide for the applicability of Chapter 2 of Title 21 of the O.C.G.A. to municipal elections; 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 1100. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), so as to increase the membership of the board of such authority; to provide for terms of office for such additional members; to provide for a quorum; 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 1113. By Representatives Henson of the 87th, Mosby of the 90th, Drenner of the 86th, Stephenson of the 92nd, Kendrick of the 94th and others:
A BILL to be entitled an Act to authorize the governing authority of DeKalb County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1118. By Representative Reece of the 11th:
A BILL to be entitled an Act to provide a new charter for the Town of Trion; 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,

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rules, and procedures; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

SB 392. By Senator Hooks of the 14th:

A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Marion County, approved April 18, 2002 (Ga. L. 2002, p. 3794), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3746), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 397. By Senator Miller of the 49th:

A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Hall County, approved March 29, 1983 (Ga. L. 1983, p. 4553), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4915), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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 Davis E Dawkins-Haigler
Dempsey E Dickerson

Heckstall Y Hembree
Henson Y Hightower

Y McBrayer Y McCall N McKillip Y Meadows

E Shaw Y Sheldon Y Sims, B
Sims, C

FRIDAY, FEBRUARY 24, 2012

1409

Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell E Benfield Y Benton Y Beverly E Black N Braddock N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke N Coomer Y Cooper Y Crawford

Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England
Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier
Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B
Harden, M N Harrell Y Hatchett
Hatfield Y Heard

Y Hill Y Holcomb Y Holmes
Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson N Jacobs Y James
Jasperse E Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B
Maddox, G Y Manning E Marin E Martin Y Maxwell Y Mayo

Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J E Neal, Y
Nimmer Y Nix E Oliver Y O'Neal N Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A E Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley E Taylor, D E Taylor, R Y Taylor, T N Teasley Y Thomas
VACANT Waites Y Watson Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bills, the ayes were 124, nays 10.

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

Representatives Henson of the 87th and Waites of the 60th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

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SB 153. By Senators Rogers of the 21st and Hill of the 32nd:
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 certain requirements and rights relating to professional development plans for personnel who have deficiencies and other needs; to revise certain provisions relating to termination or suspension of a contract of employment; to provide for certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 289. By Senators Rogers of the 21st, Millar of the 40th, Williams of the 19th and Albers of the 56th:
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 require students to take one course containing online learning; to provide for the online administration of end-of-course assessments; to require local school systems to provide opportunities for participation in part-time and full-time virtual instruction programs; to establish a list of providers; to provide requirements for providers; to provide for a report by the Department of Education on digital learning methods; to provide for blended learning courses in charter schools which include online instruction; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 316. By Senators Bethel of the 54th, Mullis of the 53rd, Hamrick of the 30th, Shafer of the 48th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to increase the tolling period for limitations for tort actions while a criminal prosecution is pending; to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecutions, so as to extend the statute of limitations for the prosecutions of the offenses of cruelty to children in the first degree, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 378. By Senators Carter of the 1st, Williams of the 19th, McKoon of the 29th, Bethel of the 54th and Jackson of the 2nd:
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 revise a

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1411

definition; to provide for certain changes to the definition of written prescriptions for dangerous drugs; to add to provisions concerning unlawful offering or selling of certain drugs; to provide for increase of penalties for violation of certain laws; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 382. By Senators Shafer of the 48th and Bethel of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the description of the election districts for members of the Public Service Commission; to provide for manner of election and terms of office; to provide for continuation in office of current members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 385. By Senators Shafer of the 48th, Goggans of the 7th, Bethel of the 54th and McKoon of the 29th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the confidentiality of certain records of the Commissioner of Insurance; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection; to revise certain provisions regarding reinsurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 402. By Senators Golden of the 8th, Millar of the 40th, Stoner of the 6th, Rogers of the 21st, Tolleson of the 20th 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 provide a short title; to define certain terms relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to the Employees' Retirement System of Georgia; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; to amend Code Section 5018-72 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.

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SB 436. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act to provide for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3834), so as to provide the terms of office of magistrates other than the chief magistrate; to provide for the nomination and appointment of magistrates other than the chief magistrate; to provide for the renewal of terms for magistrates other than the chief magistrate; to provide for a limit on the number of other magistrates to be appointed other than the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 788. By Representative Spencer of the 180th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Camden County, approved March 30, 1987 (Ga. L. 1987, p. 4943), as amended, particularly by an Act approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 232), so as to change the description of the education districts; to provide for inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 789. By Representative Spencer of the 180th:
A BILL to be entitled an Act to amend an Act to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain officers of Camden County, approved March 25, 2002 (Ga. L. 2002, p. 3609), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 912. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3973), so as to change the description of the education

FRIDAY, FEBRUARY 24, 2012

1413

districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 913. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4565), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 922. By Representative Reece of the 11th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 947. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved March 10, 2008 (Ga. L. 2008, p. 3531), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 741. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the "General Appropriations Act," House Bill 78, Act No. 223, approved May 12, 2011, (Ga. L. 2011, Vol. I, Book II).
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 153. By Senators Rogers of the 21st and Hill of the 32nd:
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 certain requirements and rights relating to professional development plans for personnel who have deficiencies and other needs; to revise certain provisions relating to termination or suspension of a contract of employment; to provide for certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 289. By Senators Rogers of the 21st, Millar of the 40th, Williams of the 19th and Albers of the 56th:
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 require students to take one course containing online learning; to provide for the online administration of end-of-course assessments; to require local school systems to provide opportunities for participation in part-time and full-time virtual instruction programs; to establish a list of providers; to provide requirements for providers; to provide for a report by the Department of Education on digital learning methods; to provide for blended learning courses in charter schools which include online instruction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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1415

SB 316. By Senators Bethel of the 54th, Mullis of the 53rd, Hamrick of the 30th, Shafer of the 48th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to increase the tolling period for limitations for tort actions while a criminal prosecution is pending; to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecutions, so as to extend the statute of limitations for the prosecutions of the offenses of cruelty to children in the first degree, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 378. By Senators Carter of the 1st, Williams of the 19th, McKoon of the 29th, Bethel of the 54th and Jackson of the 2nd:
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 revise a definition; to provide for certain changes to the definition of written prescriptions for dangerous drugs; to add to provisions concerning unlawful offering or selling of certain drugs; to provide for increase of penalties for violation of certain laws; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 382. By Senators Shafer of the 48th and Bethel of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the description of the election districts for members of the Public Service Commission; to provide for manner of election and terms of office; to provide for continuation in office of current members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
SB 385. By Senators Shafer of the 48th, Goggans of the 7th, Bethel of the 54th and McKoon of the 29th:

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A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the confidentiality of certain records of the Commissioner of Insurance; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection; to revise certain provisions regarding reinsurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 402. By Senators Golden of the 8th, Millar of the 40th, Stoner of the 6th, Rogers of the 21st, Tolleson of the 20th 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 provide a short title; to define certain terms relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to the Employees' Retirement System of Georgia; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; to amend Code Section 5018-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 436. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act to provide for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3834), so as to provide the terms of office of magistrates other than the chief magistrate; to provide for the nomination and appointment of magistrates other than the chief magistrate; to provide for the renewal of terms for magistrates other than the chief magistrate; to provide for a limit on the number of other magistrates to be appointed other than the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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1417

Pursuant to HR 1565, the House commended Dr. Bob Heaberlin for being selected as Georgia's 2011 National Distinguished Principal and invited him to be recognized by the House of Representatives.

Pursuant to HR 1546, the House commended Eddie Pollard for being selected as Georgia's 2011 National Distinguished Principal and invited him to be recognized by the House of Representatives.

Pursuant to HR 1440, the House commended the Winder-Barrow Cheer Doggs on winning the coed division of the 2011-2012 GHSA Cheerleading State Championships and invited them to be recognized by the House of Representatives.

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

Representative Coomer of the 14th.

The Speaker Pro Tem assumed the Chair.

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

Representatives McCall of the 30th and Ralston of the 7th.

The Speaker assumed the Chair.

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 692 HB 821 HB 836

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

Respectfully submitted, /s/ Coleman of the 97th
Chairman

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Representative Geisinger of the 48th District, Vice-Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

Mr. Speaker:

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

HB 520 Do Pass HB 934 Do Pass, by Substitute HB 1049 Do Pass, by Substitute

Respectfully submitted, /s/ Geisinger of the 48th
Vice-Chairman

Representative Channell of the 116th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 808 Do Pass HB 967 Do Pass

HB 965 Do Pass HB 1056 Do Pass

Respectfully submitted, /s/ Channell of the 116th
Chairman

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

HR 1589. By Representatives Purcell of the 159th, Talton of the 145th, Hanner of the 148th, Frazier of the 123rd and McKillip of the 115th:

A RESOLUTION commending Trooper First Class Thomas Kustra and inviting him to be recognized by the House of Representatives; and for other purposes.

FRIDAY, FEBRUARY 24, 2012

1419

HR 1590. By Representatives Purcell of the 159th, Atwood of the 179th, Lane of the 167th, Talton of the 145th, Hanner of the 148th and others:
A RESOLUTION commending School Resource Officer Shane Hope and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1591. By Representatives Purcell of the 159th, Atwood of the 179th, Lane of the 167th, Talton of the 145th, Hanner of the 148th and others:
A RESOLUTION commending School Resource Officer Mark Hopper and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1592. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION honoring the life and memory of Captain Nicholas Schade Whitlock; and for other purposes.
HR 1593. By Representative Cooper of the 41st:
A RESOLUTION honoring and celebrating the 75th birthday of Ms. Grace Sophia Francis Smith; and for other purposes.
HR 1594. By Representatives Lindsey of the 54th, Taylor of the 79th, Collins of the 27th and Holcomb of the 82nd:
A RESOLUTION recognizing the 20th anniversary of the Khojaly Massacre and honoring the life and memory of its victims; and for other purposes.
HR 1595. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A RESOLUTION honoring the life and memory of Hazel L. Lanier McGill; and for other purposes.
HR 1596. By Representatives Purcell of the 159th, Talton of the 145th, Hanner of the 148th, Frazier of the 123rd and McKillip of the 115th:
A RESOLUTION recognizing and commending Trooper First Class Thomas Kustra; and for other purposes.

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HR 1597. By Representatives Purcell of the 159th, Atwood of the 179th, Lane of the 167th, Talton of the 145th, Hanner of the 148th and others:
A RESOLUTION recognizing and commending School Resource Officer Shane Hope; and for other purposes.
HR 1598. By Representatives Purcell of the 159th, Atwood of the 179th, Lane of the 167th, Talton of the 145th, Hanner of the 148th and others:
A RESOLUTION recognizing and commending SRO Mark Hopper; and for other purposes.
HR 1599. By Representatives Dickson of the 6th, Meadows of the 5th, Jasperse of the 12th, James of the 135th and Powell of the 29th:
A RESOLUTION recognizing and commending the Honorable Roger Williams on the occasion of his retirement; and for other purposes.
HR 1600. By Representatives Manning of the 32nd, Dempsey of the 13th, Murphy of the 120th, Heard of the 114th, Lindsey of the 54th and others:
A RESOLUTION recognizing February 28, 2012, as Children's Day at the capitol; and for other purposes.
HR 1601. By Representatives Dunahoo of the 25th, Collins of the 27th, Abdul-Salaam of the 74th, Rogers of the 26th, Williams of the 89th and others:
A RESOLUTION recognizing and commending Georgia Women of Achievement and 2012 honoree Ms. Beulah Rucker Oliver; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1440. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending the Winder-Barrow Cheer Doggs on winning the coed division of the 2011-2012 GHSA Cheerleading State Championships and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1546. By Representatives Burns of the 157th, Ramsey of the 72nd and Fludd of the 66th:

FRIDAY, FEBRUARY 24, 2012

1421

A RESOLUTION commending Eddie Pollard for being selected as Georgia's 2011 National Distinguished Principal and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1565. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION commending Dr. Bob Heaberlin for being selected as Georgia's 2011 National Distinguished Principal and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1588. By Representatives Howard of the 121st, Frazier of the 123rd, Sims of the 119th, Murphy of the 120th and Smith of the 122nd:
A RESOLUTION commending Deon Grant and inviting him to be recognized by the House of Representatives; and for other purposes.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 1588 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1588. By Representatives Howard of the 121st, Frazier of the 123rd, Sims of the 119th, Murphy of the 120th and Smith of the 122nd:
A RESOLUTION commending Deon Grant and inviting him to be recognized by the House of Representatives; and for other purposes.
By order of the Committee on Rules, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Education:
HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school

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districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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

HB 869. By Representatives Lane of the 167th, Knight of the 126th, Burns of the 157th, Wilkinson of the 52nd and Stephens of the 164th:

A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct crossreferences; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe N Atwood Y Baker Y Battles Y Beasley-Teague Y Bell E Benfield N Benton Y Beverly E Black N Braddock N Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner N Dudgeon Y Dukes Y Dunahoo N Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans N Floyd Y Fludd Y Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson N Hightower Y Hill Y Holcomb Y Holmes N Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan

N McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A E Powell, J

E Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley E Taylor, D E Taylor, R Y Taylor, T N Teasley Y Thomas
VACANT

FRIDAY, FEBRUARY 24, 2012

1423

N Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas N Clark, J Y Clark, V Y Coleman E Collins N Cooke N Coomer Y Cooper Y Crawford

Y Gardner Y Geisinger E Golick Y Gordon Y Greene
Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning E Marin E Martin Y Maxwell Y Mayo

Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice E Riley Y Roberts Y Rogers, C N Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Waites Y Watson Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 132, nays 21.

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

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

Pursuant to HR 1588, the House commended Deon Grant and invited him to be recognized by the House of Representatives.

Representative Benton of the 31st District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

Mr. Speaker:

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

HB 857 Do Pass, by Substitute HB 988 Do Pass HB 1146 Do Pass

Respectfully submitted, /s/ Benton of the 31st
Chairman

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

Mr. Speaker:

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Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 641 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 49th
Chairman
Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 242 Do Pass, by Substitute HB 717 Do Pass, by Substitute
Respectfully submitted, /s/ Golick of the 34th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 795. By Representatives Powell of the 29th, Rice of the 51st, Battles of the 15th and Johnson of the 37th:
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 definitions related to all-terrain vehicles, recreational off-highway vehicles, and off-road vehicles to make such definitions consistent with current industry standards and practices; 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:

FRIDAY, FEBRUARY 24, 2012

1425

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell E Benfield Y Benton Y Beverly E Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman E Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler
Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G
Manning E Marin E Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A E Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice E Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley E Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 372. By Representatives Allison of the 8th, Powell of the 171st, Maddox of the 127th, Welch of the 110th, Pak of the 102nd and others:

A BILL to be entitled an Act to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, furnishing of receipt to person posting bond, recordation of

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JOURNAL OF THE HOUSE

receipt of bond on docket, and disposal of unclaimed bonds, so as to provide for the release of unclaimed bonds one year after surety is released; to provide for notice to the officer in possession of the cash bond; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker Y Battles N Beasley-Teague Y Bell E Benfield Y Benton Y Beverly E Black Y Braddock Y Brockway N Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis N Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England N Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier
Fullerton Y Gardner N Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson N Hugley Y Jackson Y Jacobs N James Y Jasperse E Jerguson N Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning E Marin E Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake
Powell, A E Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S E Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley E Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch E Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 133, nays 22.

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

FRIDAY, FEBRUARY 24, 2012

1427

Representative Powell of the 29th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker announced that, pursuant to House Rule 33.3, debate shall be limited to no longer than 90 minutes on HB 776 with the time to be allocated at the discretion of the Chair.

HB 776. By Representatives Sims of the 119th, Harbin of the 118th, Maxwell of the 17th and Ramsey of the 72nd:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections, so as to provide that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.

Pursuant to Rule 133, Representative Dukes of the 150th was excused from voting on HB 776.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood N Baker Y Battles N Beasley-Teague N Bell E Benfield
Benton N Beverly E Black Y Braddock Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns N Byrd

Y Davis N Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton
Ehrhart Y England N Epps, C Y Epps, J N Evans N Floyd N Fludd N Frazier N Fullerton N Gardner

N Heckstall Y Hembree N Henson Y Hightower N Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston N Howard E Hudson N Hugley N Jackson Y Jacobs N James N Jasperse E Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell N Morgan Y Morris N Mosby
Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent Y Parrish E Parsons Y Peake Y Powell, A E Powell, J Y Pruett

E Shaw Y Sheldon Y Sims, B E Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Talton
Tankersley E Taylor, D E Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT N Waites

1428

JOURNAL OF THE HOUSE

Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Geisinger Y Golick N Gordon E Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield N Heard

N Kendrick Y Kidd Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning E Marin E Martin Y Maxwell N Mayo

Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T N Rynders E Scott, M N Scott, S Y Setzler

Y Watson Y Welch E Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 95, nays 58.

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

Representative Murphy of the 120th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Benton of the 31st and Tankersley of the 158th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Murphy of the 120th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 776.

HB 419. By Representatives Mitchell of the 88th, Jacobs of the 80th and Willard of the 49th:

A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to change the time for the delivery of a notice of the initiation of foreclosure proceedings; to provide, under certain circumstances, for an opportunity, prior to foreclosure, for a debtor to cure a foreclosure and bring the debt current by making all past due payments along with any late fees and charges; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

FRIDAY, FEBRUARY 24, 2012

1429

To amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to provide, under certain circumstances, for an opportunity, prior to foreclosure, for a debtor to cure a foreclosure and bring the debt current by making all past due payments along with any late fees and charges; to provide for a method of payment; to provide for a limitation; 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 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, is amended by adding a new Code section to read as follows:
"44-14-162.5. (a) As used in this Code section, the term 'security instrument' means a mortgage, security deed, or lien contract. (b) This Code section shall apply to the exercise of a power of sale of property:
(1) All or part of which is presently used as a dwelling place by the debtor; and (2) In which the debtor occupying such property is an original borrower who entered into the security instrument. (c) If the debtor and the property meet the conditions of subsection (b) of this Code section, then such debtor shall have the right to have enforcement of the power of sale discontinued at any time up to five calendar days before sale of the property, provided that such debtor: (1) Pays in good funds to the creditor or to the creditor's attorney all sums which then would be due under the security instrument if no acceleration had occurred no later than five calendar days before sale of the property; (2) Cures any default of any other terms of the security instrument; and (3) Pays all fees and expenses specified as collectable under the security instrument prior to acceleration. (d) The creditor may require that the debtor pay such reinstatement sums and expenses in one or more of the following forms, as selected by the creditor: (1) Cash; (2) Money order; (3) Electronic funds transfer; or (4) Certified check, bank check, treasurer's check, or cashier's check, provided that:
(A) Any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; and (B) Any such check is made payable to the creditor or to the creditor's attorney. (e) Upon reinstatement of the debtor under the provisions of this Code section, the creditor's interest in the property and rights under the security instrument, and the

1430

JOURNAL OF THE HOUSE

debtor's obligation to pay the sums secured by the security instrument, shall remain fully effective as if no acceleration had occurred. (f) The requirements of this Code section shall not be waivable by contract or otherwise. (g) This Code section shall not apply to any obligation after the maturity date of such obligation."

SECTION 2. This Act shall become effective on July 1, 2012, and shall apply to security instruments executed on or after July 1, 2012.

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

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

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

E Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles N Beasley-Teague N Bell E Benfield Y Benton Y Beverly E Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns
Byrd Y Carson Y Carter E Casas Y Channell Y Cheokas Y Clark, J Y Clark, V

Y Davis N Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon E Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree N Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse E Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish E Parsons Y Peake Y Powell, A E Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts

E Shaw Y Sheldon Y Sims, B E Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley E Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson
Welch E Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A

FRIDAY, FEBRUARY 24, 2012

1431

Y Coleman E Collins Y Cooke
Coomer Y Cooper Y Crawford

Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Maddox, G Y Manning E Marin E Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S Y Setzler

Y Williams, C Williams, E
Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 143, nays 8.

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

By unanimous consent, the following Bill of the House, having been previously postponed, was again postponed until the next legislative day:

HB 863. By Representatives Hatchett of the 143rd, Hamilton of the 23rd, Stephens of the 164th, Roberts of the 154th, Carter of the 175th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes.

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HR 1150 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

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

1432

JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 732 Do Pass, by Substitute
Respectfully submitted, /s/ Rice of the 51st
Chairman
Representative Neal of the 1st District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 816 Do Pass, by Substitute
Respectfully submitted, /s/ Neal of the 1st
Chairman
Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, A.M. Monday, February 27, 2012.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M. Monday, February 27, 2012.

MONDAY, FEBRUARY 27, 2012

1433

Representative Hall, Atlanta, Georgia

Monday, February 27, 2012

Twenty-Sixth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

E Abdul-Salaam E Abrams
Allison Amerson Anderson Atwood Baker Battles E Beasley-Teague E Benfield Benton Beverly Black Braddock Brockway Brooks Bruce Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, V Coleman Collins Cooke Coomer Davis

Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Frazier E Fullerton Gardner E Geisinger Golick Gordon Greene Hamilton Hanner Harden, B E Harden, M Harrell Hatchett Heard Heckstall

Hembree E Henson
Hightower Hill Holcomb Holmes Holt Horne Houston E Hudson Hugley Jackson Jasperse Jerguson Johnson Jones, J Jones, S Kaiser Kendrick Knight Lane Lindsey Maddox, B Maddox, G Manning Marin Martin Maxwell Mayo McBrayer

McCall McKillip Meadows Mitchell E Morgan Mosby Murphy Neal, Y O'Neal Pak Parrish E Parsons E Peake Powell, A Powell, J Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M Scott, S Shaw Sheldon Sims, B

E Sims, C Smith, E Smith, K Smith, L Smith, R
E Smith, T Spencer Stephens, M Stephens, R
E Stephenson E Talton
Tankersley Taylor, D E Taylor, R Taylor, T Teasley Thomas Waites Watson Welch Weldon Wilkerson Wilkinson E Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Ashe of the 56th, Bell of the 58th, Bryant of the 160th, Clark of the 98th, Cooper of the 41st, Dollar of the 45th, Fludd of the 66th, Harbin of the 118th, Hatfield of the 177th, Howard of the 121st, Jacobs of the 80th, James of the 135th, Jordan of the 77th, Kidd of the 141st, Long of the 61st, Morris of the 155th, Nimmer of the

1434

JOURNAL OF THE HOUSE

178th, Nix of the 69th, Oliver of the 83rd, Parent of the 81st, Setzler of the 35th, and Willard of the 49th.
They wished to be recorded as present.
Prayer was offered by Reverend Alvelyn Sanders, Assistant Minister, Big Bethel African Methodist Episcopal Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1164. By Representatives Tankersley of the 158th, Purcell of the 159th, Burns of the 157th and Parrish of the 156th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for a limited period of time an exemption with respect to sales of program materials by certain organizations to be used by certain churches

MONDAY, FEBRUARY 27, 2012

1435

for the purpose of providing youth sports activities; to provide for conditions and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1165. By Representatives Clark of the 98th, Sheldon of the 105th, Rice of the 51st, Harrell of the 106th, Thomas of the 100th and others:
A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, assessments against unreturned property, penalty for unreturned property, and changing real property values established by appeal in prior year, so as to eliminate a population provision; to provide for penalties for certain unreturned property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1166. By Representatives Atwood of the 179th, Smith of the 131st, Meadows of the 5th, Maxwell of the 17th, Williams of the 113th 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 individual health insurance coverage to children through child-only health plans; to provide for legislative intent; to establish a mandatory, uniform open enrollment period; to provide for definitions; to provide for guaranteed-issue coverage regardless of health status; to provide for special enrollment periods for loss of coverage because of a qualifying event; to provide for a list of qualifying events; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 1167. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:
A BILL to be entitled an Act to amend an Act creating a new Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so to provide for term limits for the chairperson and commission members; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

1436

JOURNAL OF THE HOUSE

Referred to the Committee on Intragovernmental Coordination - Local.
HB 1168. By Representatives Brooks of the 63rd, Williams of the 165th, BeasleyTeague of the 65th, Scott of the 76th, Stephenson of the 92nd and others:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to make legislative findings; to repeal the imposition of the death penalty in this state; to repeal references to procedures related to capital cases; to provide for matters relative to the foregoing; to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1169. By Representatives Bruce of the 64th, Fludd of the 66th, Willard of the 49th, Beasley-Teague of the 65th and Brooks of the 63rd:
A BILL to be entitled an Act to amend Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, so as to change provisions relating to distribution of tax proceeds; to make provisions for qualified district areas; to define terms; to provide for distribution certificates and distribution formulas; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1170. By Representatives Manning of the 32nd, Dempsey of the 13th and Williams of the 113th:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to revise a limitation on family day-care homes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1171. By Representatives Randall of the 138th, Epps of the 140th, Dickey of the 136th, Beverly of the 139th, Holmes of the 125th and others:
A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County;

MONDAY, FEBRUARY 27, 2012

1437

to create and incorporate a new political body corporate under the name Macon-Bibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1602. By Representatives Powell of the 29th and McCall of the 30th:
A RESOLUTION recognizing Mr. Louie Clark and dedicating a road in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1603. By Representatives Hamilton of the 23rd, Collins of the 27th, Dudgeon of the 24th, Byrd of the 20th, Hill of the 21st and others:
A RESOLUTION recognizing the destructive and insidious nature of the United Nations Agenda 21; and for other purposes.
Referred to the Committee on Governmental Affairs.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 1175. By Representatives Rogers of the 26th, Lindsey of the 54th, Smith of the 131st, Meadows of the 5th and Lane of the 167th:
A BILL To be entitled an Act to amend Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to actions against insurance companies, so as to provide for procedure relative to claimant's offers to settle tort claims involving liability insurance policies; to provide that failure to make an offer to settle in conformity with the law precludes the recovery of a claim for bad faith or negligent failure to settle; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 1176. By Representatives Golick of the 34th, Neal of the 1st, Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd and others:

1438

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 1 of Title 15 and Title 16 of the O.C.G.A., relating to general provisions relative to courts and crimes and offenses, respectively, so as to enact provisions recommended by the 2011 Special Council on Criminal Justice Reform for Georgians and enact other criminal justice reforms; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to extend certain statutes of limitations; to amend Code Section 19-7-5 of the O.C.G.A, relating to reporting of child abuse, so as to expand mandatory reporting requirements; to amend Article 2 of Chapter 3 of Title 35 of the O.C.G.A., relating to the Georgia Crime Information Center, so as to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to amend Title 42 of the O.C.G.A, relating to penal institutions, so as to provide for the use of evidence based practices in supervising inmates, probationers, and parolees; to amend certain Titles of the O.C.G.A., so as to conform provisions and correct cross-references.

Referred to the Committee on Special Joint Committee on Georgia Criminal Justice Reform.

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

HB 1150 HB 1152 HB 1154 HB 1156 HB 1158 HB 1161 HB 1163 SB 153 SB 316 SB 382 SB 402

HB 1151 HB 1153 HB 1155 HB 1157 HB 1159 HB 1162 HR 1564 SB 289 SB 378 SB 385 SB 436

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

MONDAY, FEBRUARY 27, 2012

1439

HB 956 Do Pass, by Substitute HB 1129 Do Pass HB 1148 Do Pass

HB 1122 Do Pass HB 1142 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 1523 Do Pass

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 27, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 250 HB 463 HB 820 HB 880

Georgia Judicial Retirement System; revised survivor's benefit option; provisions (Ret-Weldon-3rd) Limited licenses; insurance coverage on self-service storage; provide (Substitute)(Ins-Dollar-45th) Guaranteed asset protection waivers; retail seller's requirements to insure waiver obligations; provide exception (Substitute)(Ins-Maxwell-17th) Professions and businesses; real estate professionals; change certain provisions (Substitute)(RegI-Powell-29th)

Modified Structured Rule

HB 955

Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision of the provisions (Substitute)(Ins-Hembree-67th)

1440

JOURNAL OF THE HOUSE

HB 971

Workers' compensation; awards and benefits; change certain provisions (Substitute)(IndR-Hembree-67th)

Structured Rule

HB 215

Drivers' licenses; convicted of crime against a minor; prohibit certain transport (Substitute)(MotV-Battles-15th)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

HB 956. By Representative Rice of the 51st:

A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), as amended, so as to change the corporate limits of the city; 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 BE ENTITLED AN ACT

To amend an Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), as amended, is amended by adding a new subsection to Section 1.11 to read as follows:

MONDAY, FEBRUARY 27, 2012

1441

"(d)(1) In addition to any territory lying within the corporate limits of the City of

Berkeley Lake on the effective date of this subsection, 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, 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,

and further including those portions of the rights of way of North Berkeley Lake Road

and Peachtree Industrial Boulevard adjacent to the City of Berkeley Lake:

R6269 114

4720 Peachtree Industrial Blvd.

R6269 069

4590 Peachtree Industrial Blvd.

R6269 059

4600 Peachtree Industrial Blvd.

R6269 032

4610 Peachtree Industrial Blvd.

R6269 148

4775 Peachtree Industrial Blvd.

R6270 088

4855 Peachtree Industrial Blvd.

R6270 092

4830 Peachtree Industrial Blvd.

R6270 093

4850 Peachtree Industrial Blvd.

R6269 158

4790 Peachtree Industrial Blvd.

R6269 159

4760 Peachtree Industrial Blvd.

R6270 009

4810 Peachtree Industrial Blvd.

R6269 029

4530 South Berkeley Lake Rd.

R6269 006B

4540 South Berkeley Lake Rd.

R6269 004

4560 South Berkeley Lake Rd.

R6269 007

4580 South Berkeley Lake Rd.

R6269 008

4590 South Berkeley Lake Rd.

R6269 006

4600 South Berkeley Lake Rd.

R6269 005

4525 South Berkeley Lake Rd.

R6269 150

4535 South Berkeley Lake Rd.

R6269 019

4535 South Berkeley Lake Rd.

R6269 024

4545 South Berkeley Lake Rd.

R6269 073

4561 South Berkeley Lake Rd.

R6269 050

4567 South Berkeley Lake Rd.

R6269 047

4519 South Old Peachtree Rd.

R6269 041

4555 South Berkeley Lake Rd.

R6269 161

South Berkeley Lake Rd.

R6269 152

4575 South Berkeley Lake Rd.

R6269 067

4515 South Old Peachtree Rd.

R6269 040

4585 South Berkeley Lake Rd.

R6269 063

4575 South Old Peachtree Rd.

R6269 043

4527 South Old Peachtree Rd.

R6269 048

4497 South Old Peachtree Rd.

R6269 031

4487 South Old Peachtree Rd.

R6268 031

3088 Process Dr.

R6268 035

3157 Process Dr.

1442
R6269 011 R6269 065 R6268 005 R6258 128 R6269 105 R6269 075 R6269 022 R6269 110 R6269 091 R6269A007 R6269 112 R6269 109 R6269 097 R6258 129 R6258 131 R6258 130 R6258 254 R6258 238 R6269 020 R6258 332 R6269 077 R6258 132 R6269 146 R6269 012 R6269 001 R6269 014 R6269 015 R6269 006A R6258 240 R6258 060 R6258 048 R6258 036 R6258 032A R6258 033 R6259 047 R6258 248 R6259 064 R6259 050 R6259 049 R6259 048 R6259 068 R6259 063 R6259 052

JOURNAL OF THE HOUSE
South Old Peachtree Rd. 4685 South Berkeley Lake Rd. 4464 South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4708 South Old Peachtree Rd. South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4708 South Old Peachtree Rd. S. Old Peachtree Rd. 4708 South Old Peachtree Rd. South Old Peachtree Rd. 4708 South Old Peachtree Rd. 4698 South Old Peachtree Rd. Hwy. 23 Rear 4690 South Old Peachtree Rd. South Old Peachtree Rd. 4684 South Old Peachtree Rd. 4648 South Old Peachtree Rd. 4648 South Old Peachtree Rd. 4658 South Old Peachtree Rd. 4644 South Berkeley Lake Rd. 4684 South Berkeley Lake Rd. 4521 Buford Hwy. 4541 Buford Hwy. 4685 Buford Hwy. 4655 Buford Hwy. 4585 Buford Hwy. 4571 Buford Hwy. 4493 Buford Hwy. 4745 South Berkeley Lake Rd. 4454 Freedom Ln. 4449 NE Hwy. 23 4465 Buford Hwy. NE Buford Hwy. 4428 Freedom Ln. 4424 Freedom Ln. 4421 Buford Hwy.

R6259 051 R6259 053 R6259 054 R6259 055 R6259 062 R6259 061 R6259 057 R6259 056 R6268 001 R6268 057 R6268 056 R6268 058 R6259 373 R6259 374 R6269 375 R6268 021 R6268 014 R6268 012 R6268 009 R6268 008 R6268 007 R6268 016 R6268 003 R6268 002 R6259 060 R6267 001 R6259 059 R6267 056 R6267 001A R6267 023 R6267 022 R6267 028 R6268 011 R6268 036 R6268 037 R6268 034 R6268 033 R6299 027 R6299 025 R6299 095 R6299 094 R6299 093 R6299 092

MONDAY, FEBRUARY 27, 2012
4431 NE Hwy. 23 4411 Buford Hwy. 4395 Buford Hwy. NE Hwy. 23 4393 Freedom Ln. 4384 Freedom Ln. 4381 Buford Hwy. 4399 Buford Hwy. 4327 South Old Peachtree Rd. South Old Peachtree Rd. South Old Peachtree Rd. South Old Peachtree Rd. South Old Peachtree Rd. South Old Peachtree Rd. 4255 Buford Hwy. South Old Peachtree Rd. Turman Dr. 4400 Peachtree Industrial Blvd. Peachtree Ind. Blv. 4350 Peachtree Industrial Blvd. NE Turman Dr. 4285 S. Old Peachtree Rd. 4175 Buford Hwy. 4235 Buford Hwy. 4279 Buford Hwy. 4125 Buford Hwy. 4305 Buford Hwy. 4075 Buford Hwy. 4025 Buford Hwy. Industrial Park Dr. 4067 Industrial Park Dr. 3275 North Berkeley Lake Rd. 4427 South Old Peachtree Rd. 3127 Process Dr. 3087 Process Dr. 3158 Process Dr. 3128 Process Dr. 4503 Bush Rd. 4539 Bush Rd. 3657 Habersham Ln. 3667 Habersham Ln. 3677 Habersham Ln. 3687 Habersham Ln.

1443

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JOURNAL OF THE HOUSE

R6299 091

3697 Habersham Ln.

R6299 090

3707 Habersham Ln.

R6299 089

3708 Habersham Ln.

R6299 088

3698 Habersham Ln.

R6299 087

3688 Habersham Ln.

R6299 086

3678 Habersham Ln.

R6299 085

3668 Habersham Ln.

R6299 084

3658 Habersham Ln.

R6299 083

3648 Habersham Ln.

(2) The following properties are hereby de-annexed from the existing corporate limits

of the City of Berkeley Lake:

R6270 095

4890 Peachtree Industrial Blvd.

R6270 191

4875 Peachtree Industrial Blvd.

R6270 023

4940 Peachtree Industrial Blvd.

R6270 094

4870 Peachtree Industrial Blvd.

R6270 192

4895 Peachtree Industrial Blvd.

R6270 096

4895 South Old Peachtree Rd.

R6270 041

4900 South Old Peachtree Rd.

R6269 099

South Old Peachtree Rd.

R6269 013

4788 South Old Peachtree Rd.

R6270 025

South Old Peachtree Rd.

R6270 001

4810 South Old Peachtree Rd.

R6270 055

South Old Peachtree Rd.

R6270 002

South Old Peachtree Rd.

R6269 016

4795 South Old Peachtree Rd.

R6269 003

4707 South Old Peachtree Rd.

R6269 009

4520 South Berkeley Lake Rd.

R6268 053

4488 Peachtree Industrial Blvd."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that, this Act shall be deemed effective as of December 31, 2011, for ad valorem tax purposes.

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

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

MONDAY, FEBRUARY 27, 2012

1445

HB 1122. By Representative Dunahoo of the 25th:
A BILL to be entitled an Act to amend an Act to create a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; 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 1129. By Representatives England of the 108th, Benton of the 31st, Dunahoo of the 25th and Sheldon of the 105th:
A BILL to be entitled an Act to amend an Act creating the Town of Braselton Community Improvement District, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to allow the district to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources under certain conditions; 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 1142. By Representatives Brockway of the 101st, Rice of the 51st, Sheldon of the 105th, Thomas of the 100th, Floyd of the 99th and others:
A BILL to be entitled an Act to amend an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change provisions relating to the clerk's compensation; 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 1148. By Representatives Maxwell of the 17th and Cooke of the 18th:
A BILL to be entitled an Act to abolish the office of county treasurer of Haralson County; to repeal an Act entitled "An Act to fix the salary of the Treasurer of Haralson County," approved August 16, 1915 (Ga. L. 1915, p.

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JOURNAL OF THE HOUSE

258); to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

E Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier E Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Harrell Y Hatchett
Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Kidd Y Knight Y Lane Lindsey Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan
Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parent Y Parrish Y Parsons E Peake Y Powell, A
Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S
Setzler

Y Shaw Y Sheldon Y Sims, B E Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 144, nays 0.

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

MONDAY, FEBRUARY 27, 2012

1447

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 Beasley-Teague of the 65th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 447. By Senators Millar of the 40th, Bethel of the 54th, Goggans of the 7th, Williams of the 19th and Rogers of the 21st:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions relating to unemployment compensation; to change the amount of taxable wages; to change certain provisions relating to determination of the weekly benefit amount; to change certain provisions relating to determination of eligibility for unemployment benefits generally so as to require a waiting period of one week; to provide for related matters; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 693. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act for the election and creation of a board of commissioners for Screven County, approved December 9, 1871 (Ga. L. 1871-72, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), by an Act approved August 16, 1915 (Ga. L. 1915, p. 345), by an Act approved April 3, 1972 (Ga. L. 1972, p. 3495), and by an Act approved April 1, 2002 (Ga. L. 2002, p. 3650), so as to provide for the election of members of the board of commissioners of Screven County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

HB 737. By Representative Williamson of the 111th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4503), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 738. By Representative Williamson of the 111th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4511), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 860. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th:
A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4340), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 907. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 4030), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to

MONDAY, FEBRUARY 27, 2012

1449

provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 909. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act establishing a system of public schools in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4007), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 975. By Representative Rogers of the 10th:
A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes in the amount of $130,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for applicability; to replace 1978 House Resolution 662-1850 granting a homestead exemption from Habersham Taxes levied for county purposes and such taxes levied for school purposes (Ga. L. 1978, p. 2444); to repeal an Act entitled "An Act to provide a homestead exemption from Habersham County school district taxes for educational purposes," approved May 4, 2006 (Ga. L. 2006, p. 4123); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1019. By Representatives Parent of the 81st, Taylor of the 79th and Bell of the 58th:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to provide for the filling of vacancies in the offices of mayor and councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

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JOURNAL OF THE HOUSE

SR 765. By Senators Carter of the 1st, Grant of the 25th, Jeffares of the 17th and Williams of the 19th:
A RESOLUTION authorizing the change of use of certain properties located in Bryan and Butts counties currently dedicated as a heritage preserve; authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, and ingress and egress in, on, over, upon, across, or through certain state owned real property located in Bryan, Butts, and Liberty counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the Committees:
SB 447. By Senators Millar of the 40th, Bethel of the 54th, Goggans of the 7th, Williams of the 19th and Rogers of the 21st:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions relating to unemployment compensation; to change the amount of taxable wages; to change certain provisions relating to determination of the weekly benefit amount; to change certain provisions relating to determination of eligibility for unemployment benefits generally so as to require a waiting period of one week; to provide for related matters; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
SR 765. By Senators Carter of the 1st, Grant of the 25th, Jeffares of the 17th and Williams of the 19th:
A RESOLUTION authorizing the change of use of certain properties located in Bryan and Butts counties currently dedicated as a heritage preserve; authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, and ingress and egress in, on, over, upon, across, or through certain state owned real property located in Bryan, Butts, and Liberty counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 27, 2012

1451

Representative Murphy of the 120th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 776. By Representatives Sims of the 119th, Harbin of the 118th, Maxwell of the 17th and Ramsey of the 72nd:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections, so as to provide that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

E Abdul-Salaam Y Abrams N Allison N Amerson
Anderson Y Ashe N Atwood Y Baker N Battles E Beasley-Teague Y Bell E Benfield N Benton Y Beverly
Black N Braddock N Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Byrd N Carson N Carter N Casas N Channell N Cheokas
Clark, J N Clark, V N Coleman N Collins N Cooke N Coomer
Cooper Crawford

N Davis Y Dawkins-Haigler N Dempsey Y Dickerson N Dickey N Dickson Y Dobbs N Dollar Y Drenner N Dudgeon Y Dukes N Dunahoo N Dutton N Ehrhart N England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier E Fullerton Y Gardner E Geisinger
Golick Y Gordon N Greene N Hamilton N Hanner N Harbin N Harden, B E Harden, M N Harrell N Hatchett N Hatfield Y Heard

Y Heckstall N Hembree Y Henson N Hightower N Hill Y Holcomb N Holmes N Holt N Horne N Houston Y Howard
Hudson Y Hugley Y Jackson
Jacobs James N Jasperse Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick N Kidd Knight N Lane N Lindsey Long N Maddox, B N Maddox, G N Manning Y Marin N Martin Maxwell Y Mayo

N McBrayer N McCall N McKillip N Meadows Y Mitchell E Morgan
Morris Y Mosby Y Murphy N Neal, J Y Neal, Y N Nimmer N Nix Y Oliver N O'Neal N Pak Y Parent N Parrish N Parsons E Peake N Powell, A N Powell, J N Pruett N Purcell N Ramsey Y Randall Y Reece N Rice N Riley N Roberts N Rogers, C N Rogers, T N Rynders E Scott, M Y Scott, S
Setzler

N Shaw N Sheldon N Sims, B E Sims, C Y Smith, E N Smith, K N Smith, L N Smith, R E Smith, T
Smyre N Spencer Y Stephens, M N Stephens, R E Stephenson E Talton N Tankersley N Taylor, D E Taylor, R N Taylor, T N Teasley Y Thomas
VACANT Y Waites N Watson N Welch
Weldon Y Wilkerson N Wilkinson N Willard E Williams, A N Williams, C Y Williams, E N Williams, R N Williamson N Yates
Ralston, Speaker

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JOURNAL OF THE HOUSE

On the motion, the ayes were 50, nays 95.
The motion was lost.
Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Beasley-Teague of the 65th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Dawkins-Haigler of the 93rd, Epps of the 140th, Holmes of the 125th, Stephens of the 164th, and Neal of the 75th.
Pursuant to HR 1523, the House commended American Idol's Lauren Alaina and invited her to be recognized by the House of Representatives.
Pursuant to HR 1535, the House recognized and commended the Trion High School Cheerleading Squad on their GHSA Class A State Championship.
Pursuant to HR 1534, the House recognized and commended the Coosa High School cheerleading squad on their exceptional performance in the 2011 GHSA Class AA State Cheerleading Championship.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1523. By Representatives Neal of the 1st, Dickson of the 6th, Weldon of the 3rd and Ralston of the 7th:
A RESOLUTION Commending American Idol's Lauren Alaina and inviting her to be recognized by the House of Representatives; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Governmental Affairs:
HB 899. By Representatives Brockway of the 101st, Hamilton of the 23rd, Williamson of the 111th, Powell of the 29th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so

MONDAY, FEBRUARY 27, 2012

1453

as to provide for the dates of nonpartisan elections; to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 463. By Representatives Dollar of the 45th, Black of the 174th, Harbin of the 118th, Rogers of the 26th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide for the sale of individual insurance coverage by limited licensees on personal property stored in self-service storage facilities; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide for the sale of individual insurance coverage by limited licensees on personal property stored in self-service storage facilities; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, is amended by adding a new subsection to read as follows:
"(e)(1) As used in this subsection, the term: (A) 'Limited licensee' means an owner authorized to act as an agent of an insurance provider for purposes of selling certain insurance coverages for personal property maintained in self-service storage facilities pursuant to the provisions of this subsection. (B) 'Occupant' means a person, his or her sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.

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(C) 'Owner' means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him or her to manage the self-service storage facility or to receive rent from an occupant under a rental agreement. (D) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings. (E) 'Rental agreement' means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility. (F) 'Self-service storage facility' means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A selfservice storage facility is not a warehouse within the meaning of Article 1 of Chapter 4 of Title 10, the 'Georgia State Warehouse Act.' A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities. (2) The Commissioner may issue to an owner that is in compliance with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with a self-service storage facility. (3) A limited licensee shall be authorized to offer or sell insurance on behalf of a licensed insurer only in connection with a rental agreement and only for either an individual policy issued to an individual occupant or as a group policy for occupants for personal property insurance. A limited licensee shall only be authorized to provide to occupants insurance coverage for: (A) The loss of or damage to personal property stored at a self-service storage facility where the loss or damage occurs at such self-service storage facility during the occupant's rental agreement; or (B) Such other loss directly related to an occupant's rental agreement. (4) No insurance shall be issued pursuant to this subsection unless the limited licensee provides to a prospective occupant written material that: (A) Provides a summary of the terms of insurance coverage, including the identity of the insurer; (B) Conspicuously discloses that the policy of insurance may provide a duplication of coverage already provided by an existing policy of insurance; (C) Describes the process for filing a claim in the event the occupant elects to purchase coverage and experiences a covered loss; (D) Provides information regarding the price, deductible, benefits, exclusions, conditions, and any other limitations of such policy;

MONDAY, FEBRUARY 27, 2012

1455

(E) States that the limited licensee is not authorized to evaluate the adequacy of the occupant's existing insurance coverages, unless such limited licensee is otherwise licensed; and (F) States that the occupant may cancel the insurance at any time, and any unearned premium will be refunded in accordance with applicable law. (5) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee licensed pursuant to this subsection shall not be required to treat moneys collected from occupants under rental agreements as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental agreement. The sale of insurance not in conjunction with a rental agreement shall not be permitted. (6) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf and under the supervision of the limited licensee with respect to the kinds of coverage specified in this subsection. (7) Each owner licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of such owner shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective occupants. (8) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for a limited license in such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe. (9) In the event that any provision of this title is violated by a limited licensee, or an employee of a limited licensee, the limited licensee shall be subject to all penalties, fines, criminal sanctions, and other actions authorized by this title. (10) No prelicensing examination shall be required for issuance of a limited license pursuant to this subsection."
SECTION 2. This Act shall become effective on July 1, 2012.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Cheokas of the 134th was excused from voting on HB 463.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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JOURNAL OF THE HOUSE

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell
Cheokas Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Cooper Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes
Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan
Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons E Peake
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall
Reece Y Rice Y Riley Y Roberts
Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

Representatives Beasley-Teague of the 65th, Jones of the 44th, 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.

HB 820. By Representatives Maxwell of the 17th, Smith of the 131st, Ehrhart of the 36th, Davis of the 109th, Rice of the 51st and others:

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A BILL to be entitled an Act to amend Chapter 63 of Title 33 of the Official Code of Georgia Annotated, relating to guaranteed asset protection waivers, so as to provide for an exception to a retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide requirements of retail installment sellers to be exempted from reinsurance requirements relating to vehicle service agreements or extended warranty agreements; to provide for an exception to a retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraph (1) of subsection (b) of Code Section 33-7-6, relating to property insurance, contract requirements, rules and regulation, and exemption, as follows:
"(1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle, or for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques or the removal of small windshield chips and cracks without replacement of the entire windshield, and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to:
(A) An an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose; and

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(B) Those agreements commonly known as vehicle service agreements or extended warranty agreements which are issued, sold, or offered for sale by a retail installment seller, as defined in Code Section 10-1-31, provided that such retail installment seller:
(i) Maintains, or has a parent company maintain, a net worth or stockholders' equity of at least $100 million, provided the parent company guarantees the obligations of the retail installment seller arising from vehicle service agreements or extended warranty agreements underwritten pursuant to this subparagraph; (ii) Complies with the registration requirement prescribed by the Commissioner through regulation; (iii) Files with the Commissioner a true and correct copy of the vehicle service agreement or extended warranty agreement in a form that is consistent with the terms prescribed by the Commissioner through regulation; (iv) Files a copy of its Form 10-K or Form 20-F disclosure statements, or if it does not file such statements with the United States Securities and Exchange Commission, a copy of its audited financial statements reported on a GAAP basis. If the retail installment seller's financial statements are consolidated with those of its parent company, then the retail installment seller may comply with this provision by filing the statements of its parent company. The statement shall be filed with the Commissioner 30 days prior to the retail installment seller's initial offering or delivering of a service agreement or extended warranty agreement, and thereafter, the statement shall be filed with the Commissioner annually; and (v) Upon the request of the Commissioner, posts a security deposit or surety bond in an amount not to exceed $250,000.00 and in the manner prescribed by the Commissioner through regulation."
SECTION 2. Said title is further amended by revising Code Section 33-63-4, relating to offering, selling, or providing to borrowers guaranteed asset protection waivers, as follows:
"33-63-4. (a) Guaranteed asset protection waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter. (b) Guaranteed asset protection waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. (c) Notwithstanding any other provision of law, any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the federal Truth in Lending Act, 15 U.S.C. Section 1601, et seq., and its implementing regulations, as they may be amended from time to time, must shall be separately stated and is not to be considered a finance charge or interest. (d) A retail installment seller must shall insure its guaranteed asset protection waiver obligations under a contractual liability or other insurance policy issued by an insurer, except as provided in subsection (i) of this Code section. A creditor other than a retail installment seller may insure its guaranteed asset protection waiver obligations under a

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contractual liability policy or other such policy issued by an insurer. Any such insurance policy may be directly obtained by a creditor or retail installment seller or may be procured by an administrator to cover a creditor's or retail installment seller's obligations. However, retail installment sellers that are lessors on motor vehicles are not shall not be required to insure obligations related to guaranteed asset protection waivers on such leased vehicles. (e) The guaranteed asset protection waiver shall remain a part of the finance agreement upon the assignment, sale, or transfer of such finance agreement by the creditor. (f) Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a guaranteed asset protection waiver. (g) Any creditor that offers a guaranteed asset protection waiver must shall report the sale of, and forward funds received on, all such waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy or other specified program documents. (h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator pursuant to the terms of a written agreement must shall be held by such creditor or administrator in a fiduciary capacity. (i) A retail installment seller shall not be required to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy issued by an insurer if the retail installment seller does both of the following:
(1) Maintains, or has a parent company that maintains, a net worth or stockholders' equity of at least $100 million, provided the parent company guarantees the obligations of the retail installment seller arising from guaranteed asset protection waivers underwritten pursuant to this subsection; and (2) Files a copy of its Form 10-K or Form 20-F disclosure statements, or, if it does not file with the United States Securities and Exchange Commission, a copy of its audited financial statements reported on generally accepted accounting principles. If the retail installment seller's financial statements are consolidated with those of its parent company, then the retail installment seller may comply with the provisions of this paragraph by filing the statements of its parent company. The statement shall be filed with the Commissioner at least 30 days prior to the retail installment seller's initial offering or delivering a guaranteed asset protection waiver, and thereafter the statement shall be filed with the Commissioner annually."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell E Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B
Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan
Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons E Peake
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall
Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T
Smyre Y Spencer
Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 1.

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

Representatives Beasley-Teague of the 65th, Jones of the 44th, Long of the 61st, and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 250. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Epps of the 140th, Greene of the 149th and others:

A BILL to be entitled an Act to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement

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1461

System, so as to provide that a member who rejected survivor's benefits may elect such benefits by paying the actuarial cost; to provide for a revised survivor's benefit option for persons who become members on or after July 1, 2012; to provide for options; to provide for the event of death or divorce; to provide for the death of an active member; to provide for the payment of the remainder of a member's accumulated contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Harrell Y Hatchett Y Hatfield
Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jasperse
Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight
Lane Y Lindsey
Long Y Maddox, B Y Maddox, G N Manning Y Marin Y Martin Y Maxwell Y Mayo

McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan
Morris Y Mosby Y Murphy
Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons E Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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On the passage of the Bill, the ayes were 149, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Beasley-Teague of the 65th, Jones of the 44th, 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 Scott of the 2nd was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 215. By Representatives Battles of the 15th, Maddox of the 172nd, Rynders of the 152nd, Shaw of the 176th and Hanner of the 148th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40, relating to commercial drivers' licenses, so as to prohibit persons convicted of a criminal offense against a victim who is a minor from driving commercial motor vehicles designed to transport 16 or more persons; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers' licenses, so as to prohibit persons required to register on the State Sexual Offender Registry for an act committed on or after July 1, 2012, from being licensed to drive certain commercial motor vehicles; to provide for a definition; to provide for revocation of certain commercial driver's license endorsements under certain circumstances; to provide for exceptions; to provide for penalties; to provide for a sunset of this Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers' licenses, is amended by adding a new Code section to read as follows:

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1463

"40-5-145.1. (a) As used in this Code section, the term 'State Sexual Offender Registry' means the registration required by Code Section 42-1-12. (b) Except as otherwise provided in subsection (c) of this Code section and as required by the affidavit set forth in subparagraph (f)(3)(A) of this Code section, this Code section shall only apply to those persons who are required to register on the State Sexual Offender Registry for an act committed on or after July 1, 2012. (c) A person who has a 'P' or 'S' endorsement to a commercial driver's license that was issued prior to July 1, 2012, who is required to register on the State Sexual Offender Registry shall not be disqualified from seeking renewals of such endorsements unless such person is convicted of an offense for an act committed on or after July 1, 2012, that requires registration on the State Sexual Offender Registry. (d) Except as otherwise provided in subsection (c) of this Code section, effective July 1, 2012, no person shall seek the issuance of or renewal of a 'P' or 'S' endorsement to a commercial driver's license during the period he or she is required to maintain registration on the State Sexual Offender Registry. (e) Except as otherwise provided in subsection (c) of this Code section, the department shall revoke a 'P' or 'S' endorsement to the commercial driver's license of any person registered on the State Sexual Offender Registry.
(f)(1) Effective July 1, 2012, the department shall not issue or renew a 'P' or 'S' endorsement to a commercial driver's license to any person who is registered on the State Sexual Offender Registry. (2) The department shall not issue a 'P' or 'S' endorsement to a commercial driver's license to an applicant until the department has determined if the applicant is currently registered as a sexual offender.
(3)(A) If the department is unable to determine if the applicant is registered on the State Sexual Offender Registry and the person is otherwise qualified to obtain a 'P' or 'S' endorsement to a commercial driver's license, then the department shall issue the 'P' or 'S' endorsement to the commercial driver's license, if the applicant signs an affidavit stating that he or she:
(i) Is not required to register on the State Sexual Offender Registry; or (ii) Is required to register on the State Sexual Offender Registry for an act committed prior to July 1, 2012. (B) If the department determines that an applicant is registered on the State Sexual Offender Registry for an act committed on or after July 1, 2012, in violation of this Code section, the department shall immediately revoke the 'P' or 'S' endorsement to a commercial driver's license and shall promptly notify the sheriff of the county where the application was executed that a violation of this Code section may have occurred. (g) Any person whose 'P' or 'S' endorsement to a commercial driver's license has been revoked or who has been denied a 'P' or 'S' endorsement to a commercial driver's license by the department pursuant to this Code section may make a request in writing to the department for a hearing within ten business days from the date of receipt of the

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notice of revocation or date of denial of such endorsement. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of revocation or denial, as applicable, or rescind such order. If no hearing is requested within the ten business days specified, the right to a hearing shall have been waived and such endorsement shall remain revoked or denied. Appeal from such hearing shall be in accordance with such chapter.
(h)(1) Any person who knowingly and willfully submits a false, fictitious, or fraudulent statement in an affidavit provided pursuant to subsection (f) of this Code section shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. (2) Notwithstanding Code Section 40-5-159, any person who is required to register on the state sexual offender registry who drives a commercial motor vehicle which requires the operator of such vehicle to have a 'P' or 'S' endorsement to his or her commercial driver's license in accordance with this Code section and does not have such endorsement issued to him or her shall be in violation of this Code section and shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than two years, a fine not to exceed $5,000.00, or both. (i) This Code section shall be repealed in its entirety on July 1, 2015."

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

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J

Y Heckstall Y Hembree Y Henson Y Hightower N Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan Y Morris Y Mosby Y Murphy
Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T E Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D

MONDAY, FEBRUARY 27, 2012

1465

Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Parrish Y Parsons E Peake Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 4.

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

Representatives Beasley-Teague of the 65th 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.

HB 955. By Representatives Hembree of the 67th, Smith of the 131st and Meadows of the 5th:

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 comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association; 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. Title 33 of the Official Code of Geogia Annotated, relating to insurance, is amended by revising Chapter 38 of Title 33, relating to the Georgia Life and Health Insurance Guaranty Association, as follows:
"CHAPTER 38
33-38-1. The purpose of this chapter is to protect policy owners, insureds, beneficiaries, annuitants, payees, and assignees of life insurance policies, health insurance policies, annuity contracts, and supplemental contracts, the persons specified in subsection (b) of Code Section 33-38-2, subject to certain limitations, against failure in the performance of contractual obligations, under life and health insurance policies and annuity contracts specified in subsection (a) of Code Section 33-38-2, due to the impairment or insolvency of the insurer issuing such policies or contracts. To provide this protection, (1) an association of insurers is created to enable the guaranty of payment of benefits and continuation of coverages as limited by this chapter, (2) members of the association are subject to assessment to provide funds to carry out the purpose of this chapter, and (3) the association is authorized to assist the Commissioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies.
33-38-2. (a) This chapter shall provide coverage to the persons specified in subsection (b) of this Code section for direct, nongroup life, health, or annuity, and supplemental policies or contracts, for certificates under direct group policies and contracts, and for supplemental contracts to any of these, and for unallocated annuity contracts, in each case issued by member insurers, except as limited by this chapter. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement agreements, lottery contracts annuities, annuities issued to or in connection with government lotteries, and any immediate or deferred annuity contracts.
(b)(1) Coverage under this chapter shall be provided only: (1)(A) To persons who, regardless of where they reside, except for nonresident certificate holders under group policies or contracts, are the beneficiaries, assignees, or payees of the persons covered under paragraph (2) of this subsection subparagraph (B) of this paragraph; and (2)(B) To persons who are owners of or certificate holders under such policies or contracts, other than or, in the case of unallocated annuity contracts and structured settlement annuities, to the persons who are the contract holders and who: (A)(i) Are residents; or

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(B)(ii) Are not residents, but only under all of the following conditions: (i) The the insurers which issued such policies or contracts are domiciled in this state; (ii) Such insurers never held a license or certificate of authority in the the states in which such persons reside; (iii) Such states have associations similar to the association created by this article; and (iv) Such such persons are not eligible for coverage by such associations an association in any other state due to the fact that the insurer was not licensed in the state at the time specified in the state's guaranty association law. (2) For unallocated annuity contracts specified in subsection (a) of this Code section, subparagraphs (A) and (B) of paragraph (1) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (4) and (5) of this subsection, provide coverage to: (A) Persons who are the owners of the unallocated annuity contracts if the contracts are issued to or in connection with a specific benefit plan whose plan sponsor has its principal place of business in this state; and (B) Persons who are owners of unallocated annuity contracts issued to or in connection with government lotteries if the owners are residents. (3) For structured settlement annuities specified in subsection (a) of this Code section, subparagraphs (A) and (B) of paragraph (1) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (4) and (5) of this subsection, provide coverage to a person who is a payee under a structured settlement annuity, or beneficiary of a payee if the payee is deceased, if the payee: (A) Is a resident, regardless of where the contract owner resides; or (B) Is not a resident, but only under both of the following conditions:
(i)(I) The contract owner of the structured settlement annuity is a resident; or (II) The contract owner of the structured settlement annuity is not a resident, but the insurer that issued the structured settlement annuity is domiciled in this state and the state in which the contract owner resides has an association similar to the association created by this chapter; and (ii) Neither the payee or beneficiary nor the contract owner is eligible for coverage by the association of the state in which the payee or contract owner resides. (4) This chapter shall not provide coverage to: (A) A person who is a payee or beneficiary of a contract owner who is a resident of this state, if the payee or beneficiary is afforded any coverage by the association of another state; or (B) A person covered under paragraph (2) of this subsection, if any coverage is provided by the association of another state to that person. (5) This chapter is intended to provide coverage to a person who is a resident of this state and, in special circumstances, to a nonresident. In order to avoid duplicate coverage, if a person who would otherwise receive coverage under this chapter is

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provided coverage under the laws of any other state, the person shall not be provided coverage under this chapter. In determining the application of the provisions of this subsection in situations where a person could be covered by the association of more than one state, whether as an owner, payee, beneficiary, or assignee, this chapter shall be construed in conjunction with other state laws to result in coverage by only one association. (c) This chapter shall not apply provide coverage to: (1) That portion or part of a variable life insurance or variable annuity policy or contract not guaranteed by an insurer;, or (2) That portion or part of any policy or contract under which the risk is borne by the policyholder policy or contract owner; (3)(2) A policy or contract of reinsurance or any Any policy or contract or part thereof assumed by the impaired or insolvent insurer under a contract of reinsurance, other than reinsurance for which unless assumption certificates have been issued pursuant to the reinsurance policy or contract; (3) A portion of a policy or contract to the extent that the rate of interest on which it is based, or the interest rate, crediting rate, or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value:
(A) Averaged over the period of four years prior to the date on which the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier, exceeds the rate of interest determined by subtracting two percentage points from Moody's Corporate Bond Yield Average averaged for that same four-year period or for such lesser period if the policy or contract was issued less than four years before the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier; and (B) On and after the date on which the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier, exceeds the rate of interest determined by subtracting three percentage points from Moody's Corporate Bond Yield Average as most recently available; (4) Any policy, contract, certificate, or subscriber agreement issued by a nonprofit hospital service corporation referred to in Chapter 19 of this title, a health care plan referred to in Chapter 20 of this title, a nonprofit medical service corporation referred to in Chapter 18 of this title, a prepaid legal services plan, as defined in Code Section 33-35-2, and a health maintenance organization, as defined in Code Section 33-21-1; (5) Any policy, contract, or certificate issued by a fraternal benefit society, as defined in Code Section 33-15-1; (6) Accident and sickness insurance as defined in Code Section 33-7-2 when written by a property and casualty insurer as part of an automobile insurance contract; (7) A portion of a policy or contract issued to a plan or program of an employer, association, or other person to provide life, health, or annuity benefits to its employees, members, or others, to the extent that the plan or program is self-funded

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or uninsured, including, but not limited to, benefits payable by an employer, association, or other person under:
(A) A multiple employer welfare arrangement as defined in 29 U.S.C. Section 1002(40); (B) A minimum premium group insurance plan; (C) A stop-loss insurance policy; or (D) An administrative services only contract; (8) A portion of a policy or contract to the extent that it provides for: (A) Dividends or experience rating credits; (B) Voting rights; or (C) Payment of any fees or allowances to any person, including the policy or contract owner, in connection with the service to or administration of the policy or contract; (9) A policy or contract issued in this state by a member insurer at a time when it was not licensed or did not have a certificate of authority to issue the policy or contract in this state; (7)(10) Any unallocated annuity contract issued to an employee benefit plan protected under the federal Pension Benefit Guaranty Corporation, regardless of whether the federal Pension Benefit Guaranty Corporation has yet become liable to make any payments with respect to the benefit plan; or (8)(11) Any portion of any unallocated annuity contract which is not issued to or in connection with a specific employee, union, or association of natural persons benefit plan or a government lottery; (12) A portion of a policy or contract to the extent that the assessments required by Code Section 33-38-15 with respect to the policy or contract are preempted by federal or state law; (13) An obligation that does not arise under the express written terms of the policy or contract issued by the insurer to the contract owner or policy owner, including without limitation: (A) Claims based on marketing materials; (B) Claims based on side letters, riders, or other documents that were issued by the insurer without meeting applicable policy form filing or approval requirements; (C) Misrepresentations of or regarding policy benefits; (D) Extra-contractual claims; or (E) A claim for penalties or consequential or incidental damages; (14) A contractual agreement that establishes the member insurer's obligations to provide a book value accounting guaranty for defined contribution benefit plan participants by reference to a portfolio of assets that is owned by the benefit plan or its trustee, which in each case is not an affiliate of the member insurer; (15) A portion of a policy or contract to the extent it provides for interest or other changes in value to be determined by the use of an index or other external reference stated in the policy or contract, but which have not been credited to the policy or contract, or as to which the policy or contract owner's rights are subject to forfeiture,

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as of the date the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier. If a policy's or contract's interest or changes in value are credited less frequently than annually, then for purposes of determining the values that have been credited and are not subject to forfeiture under this paragraph, the interest or change in value determined by using the procedures defined in the policy or contract will be credited as if the contractual date of crediting interest or changing values was the date of impairment or insolvency, whichever is earlier, and will not be subject to forfeiture; or (16) A policy or contract providing any hospital, medical, prescription drug, or other health care benefits pursuant to Part C or Part D of Subchapter XVIII, Chapter 7 of Title 42 of the United States Code, commonly known as Medicare Part C & D, or any regulations issued pursuant thereto. (d) The provisions of this Code section shall apply only to coverage the guaranty association provides in connection with any member insurer that is placed under an order of liquidation with a finding of insolvency after the effective date of this Code section.
33-38-3. This chapter shall be liberally construed to effect the purpose set forth in Code Section 33-38-1, which Code section shall constitute an aid and guide to interpretation.
33-38-4. As used in this chapter, the term:
(1) 'Account' means any of the two accounts created under Code Section 33-38-5. (2) 'Affiliate' means any person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified. (3) 'Association' means the Georgia Life and Health Insurance Guaranty Association created under Code Section 33-38-5. (4) 'Authorized assessment,' or 'authorized' when used in the context of assessments, means a resolution by the board of directors of the association has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount. An assessment is authorized when the resolution is passed. (5) 'Benefit plan' means a specific employee, union, or association of natural persons benefit plan. (6) 'Called assessment,' or 'called' when used in the context of assessments, means that a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. An authorized assessment becomes a called assessment when notice is mailed by the association to member insurers. (4)(7) 'Contractual obligation' means any obligation under a covered policies or contracts policy, contract, or certificate under a group policy or contract, or portion

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thereof for which coverage is provided under Code Section 33-38-2. Notwithstanding any other provision of this chapter, 'contractual obligation' shall not include a claim filed after the final date set by the court for the filing of claims against the liquidator or other such court appointed authority. (5)(8) 'Control' or 'controlled' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise. (6)(9) 'Covered policy' means any a policy or contract within the scope of this chapter or portion of a policy or contract for which coverage is provided under Code Section 33-38-2. (7) 'Health insurance' means accident and sickness insurance, as that class of insurance is defined in Code Section 33-7-2. (10) 'Extra-contractual claims' shall include, for example, any claim not authorized by, or outside the scope of, the underlying policy or contract to include any claim based on bad faith, punitive or exemplary damages, treble damages, prejudgment or postjudgment interest, attorney's fees, or costs of litigation. (8)(11) 'Impaired insurer' means a member insurer deemed by the Commissioner which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction on or after July 1, 1981, to be potentially unable to fulfill its contractual obligations but not an insolvent insurer. (9)(12) 'Insolvent insurer' means a member insurer against which a final an order of liquidation containing a finding of insolvency has been entered by a court of competent jurisdiction on or after July 1, 1981. (10)(13) 'Member insurer' means any insurer which is licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Code Section 33-38-2 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include:
(A) A nonprofit hospital or medical service corporation, whether profit or nonprofit; (B) A health care corporation; (C) A health maintenance organization; (D) A fraternal benefit society; (E) A mandatory state pooling plan; (F) A mutual assessment company or any entity that operates on an assessment basis; (G) An insurance exchange; or (H) An organization that has a certificate or license limited to the issuance of charitable gift annuities under Code Sections 33-58-1 through 33-58-6; or (I) Any entity similar to those described in subparagraphs (A) through (G) (H) of this paragraph.

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(14) 'Moody's Corporate Bond Yield Average' means the Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto. (15) 'Owner' of a policy or contract and 'policy owner' and 'contract owner' mean the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer. The terms 'owner,' 'contract owner,' and 'policy owner' shall not include persons with a mere beneficial interest in a policy or contract. (11)(16) 'Person' means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. (17) 'Plan sponsor' means:
(A) The employer in the case of a benefit plan established or maintained by a single employer; (B) The employee organization in the case of a benefit plan established or maintained by an employee organization; or (C) In a case of a benefit plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan. (12)(18) 'Premiums' means direct gross insurance premiums and annuity amounts or considerations, by whatever name called, received on covered policies or contracts, less return returned premiums, and considerations and deposits thereon and less dividends paid or credited to policyholders on such direct business and experience credits. The term 'premiums' does shall not include premiums and: (A) Amounts or considerations on received for policies or contracts between insurers and reinsurers. or for the portions of policies or contracts for which coverage is not provided under this chapter except that assessable premium shall not be reduced on account of paragraph (3) of subsection (c) of Code Section 33-38-2, relating to interest limitations, and paragraph (12) of Code Section 33-38-7, relating to limitations with respect to one individual, one participant, and one contract owner; The term 'premiums' does not include any premiums (B) Premiums in excess of $5 million on any an unallocated annuity contract; or (C) With respect to multiple nongroup policies of life insurance owned by one owner, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, premiums in excess of $5 million with respect to these policies or contracts, regardless of the number of policies or contracts held by the owner. (19)(A) 'Principal place of business' of a plan sponsor or a person other than a natural person means the single state in which the natural persons who establish policy for the direction, control, and coordination of the operations of the entity as a whole primarily exercise that function, determined by the association in its reasonable judgment by considering the following factors:

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(i) The state in which the primary executive and administrative headquarters of the entity is located; (ii) The state in which the principal office of the chief executive officer of the entity is located; (iii) The state in which the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings; (iv) The state in which the executive or management committee of the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings; (v) The state from which the management of the overall operations of the entity is directed; and (vi) In the case of a benefit plan sponsored by affiliated companies comprising a consolidated corporation, the state in which the holding company or controlling affiliate has its principal place of business as determined using the above factors. However, in the case of a plan sponsor, if more than 50 percent of the participants in the benefit plan are employed in a single state, that state shall be deemed to be the principal place of business of the plan sponsor. (B) The principal place of business of a plan sponsor of a benefit plan described in subparagraph (C) of paragraph (17) of this Code section shall be deemed to be the principal place of business of the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan that, in lieu of a specific or clear designation of a principal place of business, shall be deemed to be the principal place of business of the employer or employee organization that has the largest investment in the benefit plan in question. (20) 'Receivership court' means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. (13)(21) 'Resident' means any person who is domiciled resides in this state at the time a member insurer is determined to be an impaired or insolvent insurer and to whom contractual obligations are owed. A person may be a resident of only one state, which, in the case of a person other than a natural person, shall be its principal place of business. Citizens of the United States who are either residents of foreign countries or residents of United States possessions, territories, or protectorates that do not have an association similar to the association created by this chapter shall be deemed residents of the state of domicile of the insurer that issued the policies or contracts. (22) 'State' means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate. (23) 'Structured settlement annuity' means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. (24) 'Supplemental contract' means a written agreement entered into for the distribution of proceeds under a life, health, or annuity policy or contract.

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(25) 'Unallocated annuity contract' means an annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate.
33-38-5. (a) There is created a nonprofit, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved under Code Section 33-38-8 and shall exercise its powers through a board of directors established under Code Section 33-38-6. (b) The association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state. (c) For purposes of administration and assessment, the association shall maintain two accounts: (1) the health insurance account; and (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account; (B) the annuity account; and (C) the unallocated annuity account which shall include contracts qualified under Section 403(b) of the United States Internal Revenue Code. (d) For purposes of assessment, supplementary supplemental contracts shall be covered under the account in which the basic policy is covered.
33-38-6. (a) The board of directors of the association shall consist of seven members and shall at all times contain at least one member from a domestic insurer. The members, who shall not be considered employees of the Insurance Department, shall be appointed as follows:
(1) The Commissioner shall compile a list of the two stock insurers most likely to incur the largest assessment, per insurer, for each of the accounts under Code Section 33-38-5; he shall compile a list of the two nonstock insurers most likely to incur the largest assessment, per insurer, for each of the accounts under Code Section 33-38-5; and he shall compile a list of the two domestic insurers, either stock or nonstock, most likely to incur the largest assessment, for each of the accounts listed under Code Section 33-38-5. The Commissioner shall solicit from these 18 insurers the names of 18 individuals as nominees for members to the board of directors. The Commissioner shall thereupon separately certify in writing the nominations from stock and nonstock insurers and separately for each account; (2) From the nominations so certified for each such account, the Commissioner shall appoint one stock member and one nonstock member to the board of directors until six directors have been appointed. Then the Commissioner shall appoint from the remaining nominations the chairman of the board who shall also be its chief executive; and

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(a) The board of directors of the association shall consist of not less than five nor more than nine member insurers serving terms as established in the plan of operation. The members of the board shall be selected by the Commissioner from a list provided to the Commissioner from the board. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the Commissioner. (3)(b) In approving selections or in appointing of members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented. (b) Any member may be removed from office by the Commissioner when, in his judgment, the public interest may so require. (c) Each member so appointed shall serve for a term of three years and until his successor has been appointed and qualified. (d) If there occurs, for any reason, a vacancy in the board of directors, the Commissioner shall appoint a member to fill the unexpired term of office from the nominations as heretofore described. (e)(c) Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them in their capacity as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services.
33-38-7. (a) In addition to the powers and duties enumerated elsewhere in this chapter, the association shall have the following powers and duties:
(1) Whenever If a domestic member insurer is an impaired insurer, the association, subject to any conditions, other than those conditions which impair the contractual obligations of the impaired insurer, imposed by the association and approved by the impaired insurer and the Commissioner, may, in its discretion:
(A) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, any or all of the covered policies or contracts of the impaired insurer; and (B) Provide such moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate subparagraph (A) of this paragraph and assure payment of the contractual obligations of the impaired insurer pending action under subparagraph (A) of this paragraph; and (C) Loan money to the impaired insurer; (2) Whenever If a domestic member insurer is an insolvent insurer, the association shall, subject to the approval of the Commissioner in its discretion, either:
(A)(i)(I) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies or contracts of the insolvent insurer; or (B)(II) Assure payment of the contractual obligations of the insolvent insurer; and (C)(ii) Provide such moneys, pledges, loans, notes, guarantees, or other means as are reasonably necessary to discharge such the association's duties; or

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(3) Whenever a foreign or alien insurer is an insolvent insurer, the association shall, subject to the approval of the Commissioner:
(A) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies of residents; (B) Assure payment of the contractual obligations of the insolvent insurer to residents; and (C) Provide such moneys, pledges, notes, guarantees, or other means as are reasonably necessary to discharge such duties. This paragraph shall not apply where the Commissioner has determined that the foreign or alien insurer's domiciliary jurisdiction or state of entry provides protection by statute substantially similar to that provided by this chapter for residents of this state; (B) Provide benefits and coverages in accordance with the following provisions:
(i) With respect to life and health insurance policies and annuities, assure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, that would have been payable under the policies or contracts of the insolvent insurer, for claims incurred:
(I) With respect to group policies and contracts, not later than the earlier of the next renewal date under those policies or contracts or 45 days, but in no event less than 30 days, after the date on which the association becomes obligated with respect to the policies and contracts; and (II) With respect to nongroup policies, contracts, and annuities, not later than the earlier of the next renewal date, if any, under the policies or contracts or one year, but in no event less than 30 days, from the date on which the association becomes obligated with respect to the policies or contracts; (ii) Make diligent efforts to provide all known insureds or annuitants, for nongroup policies and contracts, or group policy owners with respect to group policies and contracts, 30 days' notice of the termination, pursuant to division (i) of this subparagraph, of the benefits provided; (iii) With respect to nongroup life and health insurance policies and annuities covered by the association, make available to each known insured or annuitant, or owner if other than the insured or annuitant, and with respect to an individual formerly insured or formerly an annuitant under a group policy who is not eligible for replacement group coverage, make available substitute coverage on an individual basis in accordance with the provisions of division (iv) of this subparagraph, if the insureds or annuitants had a right under law or the terminated policy or annuity to convert coverage to individual coverage or to continue an individual policy or annuity in force until a specified age or for a specified time, during which the insurer had no right unilaterally to make changes in any provision of the policy or annuity or had a right only to make changes in premium by class; (iv) In providing the substitute coverage required under division (iii) of this subparagraph, the association may offer either to reissue the terminated coverage

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or to issue an alternative policy. Alternative or reissued policies shall be offered without requiring evidence of insurability and shall not provide for any waiting period or exclusion that would not have applied under the terminated policy. The association may reinsure any alternative or reissued policy;
(v)(I) Alternative policies adopted by the association shall be subject to the approval of the domiciliary insurance commissioner. The association may adopt alternative policies of various types for future issuance without regard to any particular impairment or insolvency. (II) Alternative policies shall contain at least the minimum statutory provisions required in this state and provide benefits that shall not be unreasonable in relation to the premium charged. The association shall set the premium in accordance with a table of rates that it shall adopt. The premium shall reflect the amount of insurance to be provided and the age and class of risk of each insured, but shall not reflect any changes in the health of the insured after the original policy was last underwritten. (III) Any alternative policy issued by the association shall provide coverage of a type similar to that of the policy issued by the impaired or insolvent insurer, as determined by the association; (vi) If the association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy, the premium shall be set by the association in accordance with the amount of insurance provided and the age and class of risk, subject to approval of the domiciliary insurance commissioner and the receivership court; (vii) The association's obligations with respect to coverage under any policy of the impaired or insolvent insurer or under any reissued or alternative policy shall cease on the date the coverage or policy is replaced by another similar policy by the policy owner, the insured, or the association; and (viii) When proceeding under this subparagraph with respect to a policy or contract carrying guaranteed minimum interest rates, the association shall assure the payment or crediting of a rate of interest consistent with paragraph (3) of subsection (c) of Code Section 33-38-2; (3) Nonpayment of premiums within 31 days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the association's obligations under the policy or coverage under this chapter with respect to the policy or coverage, except with respect to any claims incurred or any net cash surrender value which may be due in accordance with the provisions of this chapter; (4) Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association. The association shall be liable for unearned premiums due to policy or contract owners arising after the entry of the order;

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(5) The protection provided by this chapter shall not apply where any guaranty protection is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer other than this state;
(4)(A)(6) In carrying out its duties under paragraphs paragraph (2) and (3) of this Code section, the association may: impose permanent policy liens or contract liens in connection with any guarantee, assumption, or reinsurance agreement if the court:
(i) Finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the insolvent insurer's contractual obligations or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of policy or contract liens to be in the public interest; and (ii) Approves the specific policy liens or contract liens to be used. (A) Subject to approval by a court in this state, impose permanent policy or contract liens in connection with a guarantee, assumption, or reinsurance agreement, if the association finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the association's duties under this chapter, or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of such permanent policy or contract liens, to be in the public interest; and (B) Before being obligated under paragraphs (2) and (3) of this Code section, the association may request that there be imposed temporary moratoriums or liens on payments of cash values and policy loans in addition to any contractual provisions for deferral of such cash value payments or policy loans. Such temporary moratoriums and liens may be imposed if they are approved by a court of competent jurisdiction Subject to approval by a court in this state, impose temporary moratoriums or liens on payments of cash values and policy loans, or any other right to withdraw funds held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of cash or policy loan value. In addition, in the event of a temporary moratorium or moratorium charge imposed by the receivership court on payment of cash values or policy loans, or on any other right to withdraw funds held in conjunction with policies or contracts, out of the assets of the impaired or insolvent insurer, the association may defer the payment of cash values, policy loans, or other rights by the association for the period of the moratorium or moratorium charge imposed by the receivership court, except for claims covered by the association to be paid in accordance with a hardship procedure established by the liquidator or rehabilitator and approved by the receivership court; (7) A deposit in this state, held pursuant to law or required by the Commissioner for the benefit of creditors, including policy owners, not turned over to the domiciliary liquidator upon the entry of a final order of liquidation or order approving a rehabilitation plan of an insurer domiciled in this state or in a reciprocal state, pursuant to Code Sections 33-3-8 through 33-3-10, shall be promptly paid to the association. The association shall be entitled to retain a portion of any amount so paid to it equal to the percentage determined by dividing the aggregate amount of policy

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owners claims related to that insolvency for which the association has provided statutory benefits by the aggregate amount of all policy owners' claims in this state related to that insolvency and shall remit to the domiciliary receiver the amount so paid to the association less the amount retained pursuant to this paragraph. Any amount so paid to the association and retained by it shall be treated as a distribution of estate assets pursuant to applicable state receivership law dealing with early access disbursements. (5)(8) If the association fails to act within a reasonable period of time with respect to an insolvent insurer, as provided in paragraphs paragraph (2) and (3) of this Code section, the Commissioner shall have the powers and duties of the association under this chapter with respect to the insolvent insurers; (6)(9) Upon his the Commissioner's request, the association may render assistance and advice to the Commissioner concerning rehabilitation, payment of claims, continuance of coverage, or the performance of other contractual obligations of any impaired or insolvent insurer; (7)(10) The association shall have standing to appear or intervene before any court or agency in this state with jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this chapter or with jurisdiction over any person or property against which the association may have rights through subrogation or otherwise. Such standing shall extend to all matters germane to the powers and duties of the association, including but not limited to proposals for reinsuring, modifying, or guaranteeing the covered policies or contracts of the impaired or insolvent insurer and the determination of the covered policies or contracts and contractual obligations. The association shall also have the right to appear or intervene before a court or agency in another state with jurisdiction over an impaired or insolvent insurer for which the association is or may become obligated or with jurisdiction over any person or property against whom the association may have rights through subrogation or otherwise;
(8)(A)(11)(A) Any person receiving benefits under this chapter shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from, or otherwise relating to, the covered policy or contract to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, or continuation of coverage, or provision of substitute or alternative coverages. The association may require an assignment to it of such rights and causes of action by any payee, policy or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon such person. The association shall be subrogated to these rights against the assets of any impaired or insolvent insurer. (B) The subrogation rights of the association under this paragraph shall have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter;.

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(C) In addition to subparagraphs (A) and (B) of this paragraph, the association shall have all common law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired or insolvent insurer or owner, beneficiary, or payee of a policy or contract with respect to the policy or contracts. (D) If subparagraphs (A) through (C) of this paragraph are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations shall be reduced by the amount realized by any other person with respect to the person or claim that is attributable to the policies, or portion thereof, covered by the association. (E) If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights as described in this paragraph, the person shall pay to the association the portion of the recovery attributable to the policies, or portion thereof, covered by the association; (9) The contractual obligations of the insolvent insurer for which the association becomes or may become liable shall be as great as, but no greater than, the contractual obligations of the insolvent insurer would have been in the absence of an insolvency, unless such obligations are reduced as permitted by paragraph (4) of this Code section. With respect to any one contract holder covered by an unallocated annuity contract, the association shall be liable for not more than $5 million in benefits irrespective of the number of such contracts held by that contract holder. With respect to any other covered policy, the aggregate liability of the association on any one life shall not exceed $100,000.00 with respect to the payment of cash values or $300,000.00 for all benefits including cash values; provided, however, that with respect to claims under policies written to provide benefits as required under Chapter 9 of Title 34, relating to workers' compensation, such claims shall be in the full amount as provided by such chapter; and (12) The benefits that the association may become obligated to cover shall in no event exceed the lesser of: (A) The contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer; (B) With respect to one life, regardless of the number of policies or contracts:
(i) The amount of $300,000.00 in life insurance death benefits, but not more than $100,000.00 in net cash surrender and net cash withdrawal values for life insurance; (ii) In health insurance benefits, $300,000.00 for disability insurance; $300,000.00 for long-term care insurance; $300,000.00 for health insurance other than disability insurance as referenced above, long-term care insurance as referenced above, and basic hospital, medical, and surgical insurance or major medical insurance as referenced below, including any net cash surrender and net cash withdrawal values; and $500,000.00 for basic hospital, medical, and surgical insurance or major medical insurance; and

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(iii) The amount of $300,000.00 in the present value of annuity benefits, but not more than $250,000.00 in net cash surrender and net cash withdrawal values for an annuity; (C) With respect to each payee of a structured settlement annuity, or beneficiary or beneficiaries of the payee if deceased, $300,000.00 in present value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any; (D) However, in no event shall the association be obligated to cover more than: (i) An aggregate of $300,000.00 in benefits with respect to any one life under subparagraph (B) of this paragraph except with respect to benefits for basic hospital, medical, and surgical insurance and major medical insurance under division (ii) of this subparagraph, in which case the aggregate liability of the association shall not exceed $500,000.00 with respect to any one individual; or (ii) With respect to one owner of multiple nongroup policies of life insurance, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, more than $5 million in benefits, regardless of the number of policies and contracts held by the owner; (E) With respect to either one contract owner provided coverage under subparagraph (b)(2)(B) of Code Section 33-38-2 or one plan sponsor whose plans own directly or in trust one or more unallocated annuity contracts, $5 million in benefits, regardless of the number of contracts with respect to the contract owner or plan sponsor. However, in the case where one or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state and in no event shall the association be obligated to cover more than $5 million in benefits with respect to all these unallocated contracts; and (F) The limitations set forth in this paragraph are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer attributable to covered policies. The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association pursuant to its subrogation and assignment rights; (13) In performing its obligations to provide coverage under Code Section 33-38-7, the association shall not be required to guarantee, assume, reinsure, or perform, or cause to be guaranteed, assumed, reinsured, or performed, the contractual obligations of the insolvent or impaired insurer under a covered policy or contract that do not materially affect the economic values or economic benefits of the covered policy or contract;

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(10)(14) In addition to the rights and powers elsewhere in this chapter, the The association may:
(A) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter; (B) Bring or defend actions Sue or be sued, including the right to seek a declaratory judgment in any superior court of this state as to uncertainties with respect to the payment of benefits under this Code section. The association may also take taking any legal actions necessary or proper for recovery of any unpaid assessments under Code Section 33-38-15 and may settle claims or potential claims against it; (C) Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the association not in default shall be legal investments for domestic insurers and may be carried as admitted assets; (D) Employ or retain such persons as are necessary to handle the financial transactions of the association and to perform such other functions as become necessary or proper under this chapter; (E) Negotiate and contract with any liquidator, rehabilitator, conservator, or ancillary receiver to carry out the powers and duties of the association; (F) Take such legal action as may be necessary to avoid payment of improper claims; and (G) Exercise, for the purposes of this chapter and to the extent approved by the Commissioner, the powers of a domestic life or health insurer; but in no case may the association issue insurance policies or annuity contracts other than those necessary issued to perform the contractual its obligations of the impaired or insolvent insurer. under this chapter; (15) Organize itself as a corporation or in other legal form permitted by the laws of the state; (16) Request information from a person seeking coverage from the association in order to aid the association in determining its obligations under this chapter with respect to the person, and the person shall promptly comply with the request; (17) Take other necessary or appropriate action to discharge its duties and obligations under this chapter or to exercise its powers under this chapter; (18) The association may join an organization of one or more other state associations of similar purposes, to further the purposes and administer the powers and duties of the association; (19) With respect to covered policies for which the association becomes obligated after an entry of an order of liquidation, the association may elect to succeed to the rights of the insolvent insurer arising after the order of liquidation under any contract of reinsurance to which the insolvent insurer was a party, to the extent such contract provides coverage for losses occurring after the date of the order of liquidation. As a condition to making such election, the association must pay all unpaid premiums due under the contract for coverage relating to periods before and after the date on which the order of liquidation was entered;

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(20) The board of directors shall have discretion and may exercise reasonable business judgment to determine the means by which the association is to provide the benefits of this chapter in an economical and efficient manner; (21) Where the association has arranged or offered to provide the benefits of this chapter to a covered person under a plan or arrangement that fulfills the association's obligations under this chapter, the person shall not be entitled to benefits from the association in addition to or other than those provided under the plan or arrangement; (22) Exclusive venue in any action by or against the association is in the Superior Court of DeKalb County. The association may, at its option, waive such venue as to specific actions. The association shall not be required to give an appeal bond in an appeal that relates to a cause of action arising under this chapter; and (23) In carrying out its duties in connection with guaranteeing, assuming, or reinsuring policies or contracts under paragraph (1) or (2) of this Code section, the association may, subject to approval of the receivership court, issue substitute coverage for a policy or contract that provides an interest rate, crediting rate, or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value by issuing an alternative policy or contract in accordance with the following provisions:
(A) In lieu of the index or other external reference provided for in the original policy or contract, the alternative policy or contract provides for a fixed interest rate, payment of dividends with minimum guarantees, or a different method for calculating interest or changes in value; (B) There is no requirement for evidence of insurability, waiting period, or other exclusion that would not have applied under the replaced policy or contract; and (C) The alternative policy or contract is substantially similar to the replaced policy or contract in all other material terms. (b) The provisions of this Code section shall apply only to coverage the guaranty association provides in connection with any member insurer that is placed under an order of liquidation with a finding of insolvency after the effective date of this Code section.
33-38-8. (a) The association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner. If the association fails to submit a suitable plan of operation within 180 days following July 1, 1981, or, if at any time thereafter the association fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter. Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the association and approved in writing by the Commissioner.

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(b) All member insurers shall comply with the plan of operation. (c) The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter:
(1) Establish procedures for handling the assets of the association; (2) Establish the amount and method of reimbursing members of the board of directors under Code Section 33-38-6; (3) Establish regular places and times for meetings of the board of directors; (4) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors; (5) Establish any additional procedures for assessments under Code Section 33-3815; and (6) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.
33-38-9. The plan of operation described in Code Section 33-38-8 may provide that any or all powers and duties of the association, except those under subparagraph (C) of paragraph (10) (14) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this Code section shall take effect only with the approval of both the board of directors and the Commissioner and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided for by this chapter.
33-38-10. In addition to the duties and powers enumerated elsewhere in this chapter:
(1) The Commissioner shall: (A) Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and (B) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to comply promptly with such demand shall not excuse the association from the performance of its powers and duties under this chapter; and
(2) The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation.

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33-38-11. Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under Code Section 33-38-7. Records The records of such negotiations or meetings shall be made public only upon the association with respect to an impaired or insolvent insurer shall not be disclosed prior to the termination of a liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent insurer, except (a) upon the termination of the impairment or insolvency of the insurer, or (b) upon the order of a court of competent jurisdiction. Nothing in this Code section shall limit the duty of the association to render a report of its activities under Code Section 33-38-12.
33-38-12. The association shall be subject to examination and regulation by the Commissioner. Notwithstanding the foregoing, whether such examinations shall be conducted and the frequency of any such examination shall be at the sole discretion of the Commissioner. The board of directors shall submit to the Commissioner not later than May 1 of each year a financial report and a report of its activities for the preceding calendar year on forms approved by the Commissioner.
33-38-13. The association shall be exempt from all taxation in this state based upon income or gross receipts and shall likewise be exempt from all state and local occupation license and business fees and occupation license and business taxes.
33-38-14. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the Commissioner or his or her representatives, for any action taken or omission by them in the performance of their powers and duties under this chapter. This immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.
33-38-15. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for the health account and for each subaccount of the life insurance and annuity account at such time and for such amounts as the board finds necessary. Assessment shall be due not less than 30 days after prior written notice to the member insurers. (b) There shall be two classes of assessments, as follows:
(1) Class A assessments shall be made authorized and called for the purpose of meeting administrative costs and legal and other general expenses not related to a

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particular impaired or insolvent insurer, and examinations conducted under the authority of subsection (c) of Code Section 33-38-16; and (2) Class B assessments shall be made authorized and called to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an impaired or insolvent insurer. (c)(1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a pro rata or non-pro rata basis. If a Class A assessment is made on a pro rata basis, the board may provide that it be credited against future Class B assessments. An assessment for costs and expenses other than for examinations which is made on a non-pro rata basis shall not exceed $150.00 $300.00 per company in any one calendar year. The amount of any Class B assessment shall be allocated for assessment purposes among the accounts or subaccounts in subsection (c) of Code Section 33-38-5 pursuant to an allocation formula which may be based on the premiums or reserves of the impaired or insolvent insurer or any other standard deemed by the board in its sole discretion as being fair and reasonable under the circumstances. (2) Class B assessments against member insurers for each account or subaccount shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies or contracts covered by each account or subaccount for the three most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent, as the case may be, bears to such premiums received on business in this state for such calendar years by all assessed member insurers. (3) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be made authorized or called until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) of this Code section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. The association shall notify each member insurer of its anticipated pro rata share of an authorized assessment not yet called within 180 days after the assessment is authorized. (d) The association may abate or defer in whole or in part the assessment of a member insurer if, in the opinion of the board of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this Code section. Once the conditions that caused a deferral have been removed or rectified, the member insurer shall pay all assessments that were deferred pursuant to a repayment plan approved by the association. (e)(1) The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the account during the calendar year preceding the

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assessment. If the maximum assessment in any account, together with the other assets of the association, does not provide in any one year in such account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter. (2) The total of all assessments upon a member insurer for each subaccount of the life insurance and annuity account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the subaccount during the calendar year preceding the assessment. If the maximum assessment for any subaccount of the life insurance and annuity account in any one year does not provide an amount sufficient to carry out the responsibilities of the association, then the board shall assess the other subaccounts of the life insurance and annuity account for the necessary additional amount up to the maximum assessment level provided in paragraph (1) of this subsection. (f) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account or subaccount, the amount by which the assets of the account or subaccount exceed the amount the board finds is necessary to carry out the obligations of the association during the coming year with regard to that account or subaccount, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account or subaccount to provide funds for the continuing expenses of the association and for future losses if the board determines that refunds are impractical. (g) It shall be proper for any member insurer in determining its premium rates and policy owner dividends as to any kind of insurance within the scope of this chapter to consider the amount reasonably necessary to meet its assessment obligations under this chapter. (h) The association shall issue to each insurer paying an assessment under this chapter, other than a Class A assessment, a certificate of contribution, in a form prescribed by the Commissioner for the amount of the assessment paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial statement as an asset in such form, for such an amount and for such period of time, not to exceed five years from the date of assessment, as the Commissioner may approve. (i)(1) A member insurer that wishes to protest all or part of an assessment shall pay when due the full amount of the assessment as set forth in the notice provided by the association. The payment shall be available to meet association obligations during the pendency of the protest or any subsequent appeal. Payment shall be accompanied by a statement in writing that the payment is made under protest and setting forth a brief statement of the grounds for the protest. (2) Within 60 days following the payment of an assessment under protest by a member insurer, the association shall notify the member insurer in writing of its determination with respect to the protest unless the association notifies the member insurer that additional time is required to resolve the issues raised by the protest.

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(3) Within 30 days after a final decision has been made, the association shall notify the protesting member insurer in writing of that final decision. Within 60 days of receipt of notice of the final decision, the protesting member insurer may appeal that final action to the Commissioner. (4) In the alternative to rendering a final decision with respect to a protest based on a question regarding the assessment base, the association may refer protests to the Commissioner for a final decision, with or without a recommendation from the association. (5) If the protest or appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company. Interest on a refund due a protesting member shall be paid at the rate actually earned by the association. (j) The association may request information of member insurers in order to aid in the exercise of its power under this Code section and member insurers shall promptly comply with a request.
33-38-16. (a) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any company seeking to do an insurance business in this state. Such reports and recommendations shall not be considered public documents. (b) It shall be the duty of the The board of directors may, upon majority vote, to notify the Commissioner of any information indicating any member insurer may be an impaired or insolvent insurer. (c) The board of directors may, upon majority vote, request that the Commissioner order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days of the receipt of such request, the Commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners' examination or may be conducted by such persons as the Commissioner designates. The cost of such examination shall be paid by the association and the examination report shall be treated the same as other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public, but this shall not preclude the Commissioner from complying with subsection (a) of this Code section. The Commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the Commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public. (d) The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies. (e) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report to the Commissioner containing such information as it may have in its possession bearing on

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the history and causes of such insolvency. The board shall cooperate with the board of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer and may adopt by reference any report prepared by such other associations.
33-38-17. (a) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (b) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of the assets attributable to covered policies, reduced by any amounts to which the association is entitled as subrogee pursuant to paragraph (8) (11) of Code Section 33-38-7. All The assets of the impaired or insolvent insurer attributable to covered policies shall be used by the association to continue all the covered policies and pay all the contractual obligations of the impaired or insolvent insurer as required by this chapter. For purposes of this subsection, that portion of the total assets of an impaired or insolvent insurer that is attributable to covered policies shall be determined by using the same proportion as the reserves that should have been established for such policies bears to the reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer. (c) As a creditor of the impaired or insolvent insurer as established in subsection (b) of this Code section and consistent with Code Section 33-37-33, the association and other similar associations shall be entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the assets become available to reimburse it, as a credit against contractual obligations under this chapter. If the liquidator has not, within 120 days of a final determination of insolvency of an insurer by the receivership court, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the association shall be entitled to make application to the receivership court for approval of its own proposal to disburse these assets.
(b)(1)(d)(1) Prior to the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders, policy owners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of such insolvent insurer. In such a determination, consideration shall be given to the welfare of the policyholders of the continuing or successor insurer. (2) No distribution to stockholders of an impaired or insolvent insurer shall be made until and unless the total amount of valid claims of the association with interest thereon for funds expended in carrying out its powers and duties under Code Section 33-38-7, with respect to such insurer, has been fully recovered by the association.

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(3) No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall have any of its assets returned to the control of its shareholders or private management until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association. (c)(1)(e)(1) If an order for liquidation or rehabilitation of an insurer domiciled in this state has been entered, the receiver appointed under such order shall have a right on behalf of the insurer to recover from any affiliate the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the five years preceding the petition for liquidation or rehabilitation, subject to the limitations of this subsection and subsections (a) and (b) of this Code section. (2) No such distribution shall be recoverable if the insurer shows that the distribution was lawful and reasonable when paid and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations. (3) Any person who was an affiliate that controlled the insurer at the time the distributions were paid shall be liable to the extent of the distributions received. Any person who was an affiliate that controlled the insurer at the time the distributions were declared shall be liable to the extent of the distributions that would have been received if such distributions had been paid immediately. Whenever two persons are liable with respect to the same distribution, they shall be jointly and severally liable. (4) The maximum amount recoverable under this subsection shall be the amount needed, in excess of all other available assets of the insolvent insurer, to pay the contractual obligations of the insolvent insurer. (5) Whenever any person liable under paragraph (3) of this subsection is insolvent, all affiliates that controlled it at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.
33-38-18. All proceedings in any court in this state in which the insolvent insurer is a party shall be stayed 60 180 days from the date of a final order of liquidation, rehabilitation, or conservation to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment entered under any decision, order, verdict, or finding based on default, the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such action on the merits.
33-38-19. The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter.

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33-38-20. Any action of the board of directors may be appealed to the Commissioner by any member insurer if such appeal is taken within 30 60 days of its receipt of notice of the action being appealed. Any final action or order of the Commissioner shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that may apply to the actions or orders of the Commissioner.
33-38-21. (a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way, any advertisement, announcement, or statement which uses the existence of the association for the purposes of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter. This Code section shall not apply to the association or any other entity which does not sell or solicit insurance. (b) Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following:
(1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or (2) Suspension or revocation of his or her license or certificate of authority.
33-38-22. (a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business. (b) Any sums which are acquired by refund, pursuant to subsection (f) of Code Section 33-38-15, from the association by member insurers and which have theretofore been offset against premium taxes as provided in subsection (a) of this Code section shall be paid by such insurers to this state in such manner as the Commissioner may require. The association shall notify the Commissioner that such refunds have been made."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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 Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd Y Fludd Y Frazier Y Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jasperse Y Jerguson
Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons E Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T E Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson 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 Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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HB 880. By Representatives Powell of the 29th, Williams of the 4th, Benton of the 31st and Dickson of the 6th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to real estate professionals; to provide for definitions relative to real estate appraisers and to real estate brokers and salespersons; to change certain provisions relating to revocation of licenses; to change certain provisions relating to discipline, sanctions, and citations; to provide for a letter of findings to be issued by the Georgia Real Estate Appraisers Board and the Georgia Real Estate Commission; to change certain provisions relating to qualifications for a broker or associate broker's license; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to real estate professionals; to provide for definitions relative to real estate appraisers; to change certain provisions relating to revocation of licenses; to change certain provisions relating to discipline, sanctions, and citations; to provide for a letter of findings to be issued by the Georgia Real Estate Appraisers Board and the Georgia Real Estate Commission; to change certain provisions relating to qualifications for a broker or associate broker's license; to change certain provisions relating to the real estate education, research, and recovery fund; to revise certain provisions relating to the commission's subrogation rights; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subparagraph (B) of paragraph (3) of Code Section 43-39A-2, relating to definitions relative to real estate appraisers, as follows:
"(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 who contracts with an appraiser acting as an independent contractor for the completion of a real estate appraisal assignment and who, upon

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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; or (v) A relocation company."
SECTION 2. Said title is further amended by revising Code Section 43-39A-2, relating to definitions relative to real estate appraisers, by adding a new paragraph to read as follows:
"(25.1) 'Relocation company' means a business entity that acts as an agent or contractor of an employer for the purposes of relocating the employees of such employer and determining an anticipated sales price of the residences of the employees being relocated."
SECTION 3. Said title is further amended by revising subsection (e) of Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, membership, qualifications, recusal for conflict of interest, terms, removal, meetings, and compensation, as follows:
"(e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; or (4) Having a disciplinary sanction other than a citation or a letter of findings authorized by this chapter imposed by any professional licensing agency on such member's right to practice a trade or profession."
SECTION 4. Said title is further amended by revising Code Section 43-39A-14, relating to required conduct of applicants, refusal of classification, imposition of sanctions, revocation of classification, noncompliance with child support orders, and borrowers in default, as follows:
"43-39A-14. (a) Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board.
(b)(1) As used in this subsection, the term:

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(A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' includes means any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere committed:
(i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. (1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction;, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval. (1.2) A person who has a conviction in a court of competent jurisdiction of this state or any other state, district, or territory of the United States, or of a foreign country, shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if: (A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval, provided that, if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sex sexual offense, a probation violation, or a crime involving moral turpitude are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.

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(2) Where an applicant for any classification or approval authorized by this chapter has been convicted in a court of competent jurisdiction of this state or any other state, district, or territory of the United States or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony, a sex sexual offense, a probation violation, or a crime involving moral turpitude, such conviction in itself may be a sufficient ground for refusal of a classification or approval. An applicant for any classification or approval authorized by this chapter who has been convicted of any offense enumerated in this paragraph may be issued a classification or approval by the board only if:
(A) The time periods identified in paragraph (1) (1.1) of this subsection have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interest of the public. (c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of an appraiser classification or the imposition of any sanction permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the appraiser classification. (e) Grounds for suspension or revocation of an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant an appraiser classification. (f) The conduct provided for in subsections (a) through (d) and subsection (h) of this Code section which relates to the denial of an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser. (g) Whenever the board initiates an investigation as provided in Code Section 43-39A22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser: (1) Surrendered or surrenders an appraiser classification to the board; (2) Allowed or allows an appraiser classification to lapse due to failure to meet education requirements provided by law; or (3) Allowed or allows an appraiser classification to lapse due to failure to pay any required fees, the board may issue an order revoking such appraiser's classification. The order will shall be effective ten days after the order is served on the appraiser unless the appraiser

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makes a written request for a hearing before the board, in which event, the board will shall file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Service shall be accomplished as provided for in Code Section 43-39A-21. If such surrender or lapsing occurs after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new appraiser classification to such person. (h) Whenever any occupational licensing body of this state, or any other state, or any foreign country has sanctioned disciplined any license or classification of an applicant for any appraiser classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, or any other state, or any foreign country after that occupational licensing body has initiated an investigation or a disciplinary process regarding such applicant's licensure or classification, such sanction discipline, lapsing, or surrender in itself may be a sufficient ground for refusal of an appraiser classification. Whenever any occupational licensing body of this state, or any other state, or any foreign country has revoked the license or classification of an applicant for a classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, or any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license or classification, the board may issue an appraiser classification only if:
(1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must shall immediately notify the board of that conviction. Such appraiser's appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter. (j) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is shall be sufficient grounds for refusal of a license or suspension of a license. For purposes of

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this subsection, the hearing and appeal procedures provided for in such Code sections shall be the only such procedures required under this article. (k) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such finding is shall be sufficient grounds for refusal of a license or suspension of a license. For purposes of this subsection, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article. (l) Where the board has previously sanctioned any applicant for a classification under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the classification."
SECTION 5. Said title is further amended by revising subsection (a) of Code Section 43-39A-18, relating to penalties for violations, unfair trade practices, and civil judgments, as follows:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever an appraiser classification, a school approval, or an instructor approval has been obtained by false or fraudulent representation;, or whenever an appraiser, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the board, or of any unfair trade practices, including, but not limited to, those listed in this Code section;, the board shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew a classification to an applicant; (2) Administer a reprimand; (3) Suspend any classification or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the classification or approval; (4) Revoke any classification or approval; (5) Revoke any classification issued to an appraiser and simultaneously issue such appraiser a classification with more restricted authority to conduct appraisals; (6) Impose on an appraiser, applicant, approved school approval, or approved instructor approval monetary assessments in an amount necessary to reimburse the board for administrative, investigative, and legal costs and expenses incurred by the board in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate appraisal or instruction; or (9) Limit or restrict any classification or approval as the board deems necessary for the protection of the public.

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Any action taken by the board pursuant to this subsection may, at its discretion, be construed as a 'disciplinary sanction' or 'sanction' as such terms are used in this chapter."
SECTION 6. Said title is further amended by revising Code Section 43-39A-18.1, relating to alternative disciplinary procedures and citations, as follows:
"43-39A-18.1. (a) It is the intent of the General Assembly to provide the board with a disciplinary tool which is an alternative measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-39A-18. The citation and letter of findings provided for in this Code section shall not be construed as a disciplinary sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation by an appraiser of this chapter, the rules and regulations promulgated by the board, or a standard of conduct, the board, in its discretion, may:
(1) initiate Initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-39A-18 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or; (2) issue Issue a citation to the appraiser. Such citation, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct and inform the appraiser of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the board may include an order to complete a course of study in real estate appraisal or instruction or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or both. If the appraiser fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of an appraiser to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's classification, after notice and opportunity for a hearing.; or (3) Issue a letter of findings to the appraiser if the alleged violation appears to have done no harm to a third party or to the public. Such letter of findings, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct. A letter of findings shall be confidential and shall not appear on the classification history of an appraiser. A letter of findings shall not be subject to a subpoena in a civil action, shall not constitute a public record or be available for inspection by the public, and shall not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22. (c) The board is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and

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regulations and standards of conduct which may be the basis for the issuance of a citation or a letter of findings."
SECTION 7. Said title is further amended by revising subsection (d) of Code Section 43-40-2, relating to creation of commission, members, meetings, recusal for conflict of interest, removal, compensation, annual report, and budget unit, as follows:
"(d) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; or (4) Having a disciplinary sanction, other than a citation or a letter of findings authorized by this chapter, imposed by any professional licensing agency on such member's right to practice a trade or profession."
SECTION 8. Said title is further amended by revising subsection (c) of Code Section 43-40-8, relating to qualifications of licensees, course of study for licensed salespersons, lapse, reinstatement, renewal, continuing education, and standards for courses, as follows:
"(c) In order to qualify to become an applicant for a broker or associate broker's license, an individual shall:
(1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions; (4) Have maintained a license in active status for at least three of the five years immediately preceding the filing of an application to become a broker; (5) Furnish evidence of completion of 60 instructional hours in a broker's course of study approved by the commission, provided that if licensed as a community association manager, the applicant shall furnish evidence of completion of an additional 75 instructional hours in courses or a course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure maintaining a license in active status for at least three of the five years immediately preceding such examination. Failure to meet any of these requirements shall be grounds for denial of license without a hearing."

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SECTION 9. Said title is further amended by revising Code Section 43-40-15, relating to grant, revocation, or suspension of licenses, other sanctions, surrender or lapse, conviction, noncompliance with child support order, and borrowers in default, as follows:
"43-40-15. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, member, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned disciplined by any legally constituted regulatory agency for violating a law regulating the sale of real estate.
(b)(1) As used in this Code section, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' includes means any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States.
(1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction;, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval. (1.2) A person who has a conviction in a court of competent jurisdiction of this state or any other state, district, or territory of the United States, or of a foreign country, shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if:

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(A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval;, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sex sexual offense, a probation violation, or a crime involving moral turpitude are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for any license or approval authorized by this chapter has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony, a sex sexual offense, a probation violation, or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this state or any other state, district, or territory of the United States or of a foreign country such conviction in itself may be sufficient ground for refusal of a license or approval authorized by this chapter. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this paragraph may be licensed by the commission as an associate broker or a broker only if: (A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a license or the imposition of any sanction permitted by this chapter. (d) Where an applicant or licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license.

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(e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license. (f) The conduct provided for in subsections (a), (b), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee. (g) Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has:
(1) Surrendered or voluntarily surrenders the license to the commission; (2) Allowed or allows the license to lapse due to failure to meet educational requirements provided by law; or (3) Allowed or allows the license to lapse due to failure to pay any required fees, then if such surrender or lapsing takes place after before the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter or its rules and regulations, but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. If such surrender or lapsing takes place prior to the commission's filing of a notice of hearing, but after the commission initiates an investigation as permitted by Code Section 43-40-27, then the commission may issue an order revoking such licensee's license. Such order of revocation shall be final ten days after it is issued unless the licensee named in the order requests a hearing before the commission. If such licensee requests a hearing, the commission shall file a notice of hearing and provide a hearing for such licensee in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' the commission may issue an order revoking such licensee's license. The order shall be effective ten days after the order is served on the licensee unless the licensee makes a written request for a hearing before the commission, in which event, the commission shall file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Service shall be accomplished as provided for in Code Section 43-40-26. (h) Whenever any occupational licensing body of this state, or any other state, or any foreign country has sanctioned disciplined the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, or any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such sanction discipline, lapsing, or surrender in itself may be a sufficient ground for refusal of a license. Whenever any occupational licensing body of this state, or any other state, or any foreign country has revoked the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, or any other state, or any foreign country after that body has initiated an investigation or a disciplinary

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process regarding such applicant's license, the commission may issue an associate broker's or a broker's license only if:
(1) At least ten years have passed since the date that the applicant's occupational license was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must shall immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter. (j) Whenever the commission revokes or suspends the license of a community association manager, a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section. (k) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this chapter. (l) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such status is shall be sufficient grounds for refusal of a license or suspension of a license. In such cases, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this chapter. (m) Where the commission has previously sanctioned any applicant for a license under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the license."
SECTION 10 Said title is further amended by revising subsection (b) of Code Section 43-40-22, relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation, as follows:
"(b) The commission shall maintain a minimum balance of $1 million in the real estate education, research, and recovery fund from which any person, except bonding

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companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $15,000.00 $25,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition:
(1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $45,000.00 $75,000.00 on behalf of such licensee; (2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund; and (3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $15,000.00 $25,000.00 from the fund."
SECTION 11 Said title is further amended by revising subsection (d) of Code Section 43-40-22, relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation, as follows:
"(d)(1) No action for a judgment which subsequently results in an order for collection from the real estate education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the real estate education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail or statutory overnight delivery, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1, 1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten 30 days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section. The commission shall have the right to intervene in and object to such verified claim on the issue of whether or not the claim was in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto. (3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show that such person:

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(A) At the time of the cause of action, was not a spouse of the judgment debtor; or a parent, sibling, or child of the judgment debtor or the judgment debtor's spouse; or the personal representative of such person or persons; (B) Has complied with all the requirements of this Code section; (C) Has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, the aggrieved person had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties; (D) Has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized; (E) Has caused the judgment debtor to make discovery under oath concerning the judgment debtor's property, in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act'; (F) Has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; (G) Has discovered by such search no personal or real property or other assets liable to be sold or applied or that certain of them, being described, owned by the judgment debtor and liable to be so applied have been discovered and that the aggrieved person has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and (H) Has applied the following items, if any, as recovered by the aggrieved person, to the actual or compensatory damages awarded by the court:
(i) Any amount recovered from the judgment debtor or debtors; (ii) Any amount recovered from the bonding company or companies; or (iii) Any amount recovered in out-of-court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements. (5) The court shall make an order directed to the commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the

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limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him or her for recovering the amount awarded by the judgment of the court. (6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a firm, the license of the qualifying broker of the firm shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the real estate education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the real estate education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent a year."
SECTION 12. Said title is further amended by revising subsection (a) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation;, or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, those listed in this Code section;, the commission shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew a license to an applicant; (2) Administer a reprimand; (3) Suspend any license or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the license or approval; (4) Revoke any license or approval;

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(5) Revoke the license of a broker, qualifying broker, or associate broker and simultaneously issue such licensee a salesperson's license; (6) Impose on a licensee, applicant, approved school approval, or approved instructor approval monetary assessments in an amount necessary to reimburse the commission for the administrative, investigative, and legal costs and expenses incurred by the commission in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate brokerage or instruction; (9) Require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or (10) Limit or restrict any license or approval as the commission deems necessary for the protection of the public. Any action taken by the commission pursuant to this subsection may, at its discretion, be construed as a 'disciplinary sanction' or 'sanction' as such terms are used in this chapter."
SECTION 13. Said title is further amended by revising subsection (c) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows:
"(c) When a licensee has previously been sanctioned by the commission or disciplined by any other state's real estate brokerage licensing authority, the commission may consider any such prior sanctions or disciplinary actions by another state's real estate brokerage licensing authority in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after opportunity for a hearing."
SECTION 14. Said title is further amended by revising Code Section 43-40-25.2, relating to alternative disciplinary procedures and citations, as follows:
"43-40-25.2. (a) It is the intent of the General Assembly to provide the commission with a disciplinary tool which is an alternative measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-40-25. The citation and letter of findings provided for in this Code section shall not be construed as a disciplinary sanction.

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(b) Whenever the evidence gathered in an investigation reveals an apparent violation of this chapter or of the rules and regulations promulgated by the commission or the apparent commission of any unfair trade practice by a licensee, the commission, in its discretion, may:
(1) initiate Initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-40-25 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or; (2) issue Issue a citation to the licensee. Such citation, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices and inform the licensee of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the commission may include an order to complete a course of study in real estate brokerage or instruction; to file periodic reports by an independent accountant on a real estate broker's designated trust account; or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or a combination of the above. If the licensee fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of a licensee to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's license, after notice and opportunity for a hearing.; or (3) Issue a letter of findings to the licensee if the alleged violation appears to have done no harm to a third party or to the public. Such letter of findings, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices. A letter of findings shall be confidential and shall not appear on the license history of a licensee. A letter of findings shall not be subject to a subpoena in a civil action, shall not constitute a public record or be available for inspection by the public, and shall not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-40-27. (c) The commission is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and unfair trade practices which may be the basis for the issuance of a citation or a letter of findings."
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner E Geisinger Y Golick Y Gordon Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B E Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G
Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons E Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T E Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson N Welch N Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 4.

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

Representatives Beasley-Teague of the 65th 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.

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HB 971. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to change certain provisions relating to settlement agreements between parties; to change the maximum weekly compensation benefit for total disability; to change the maximum weekly compensation benefit for temporary partial disability; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to settlement agreements between parties; to change certain provisions relating to statistical data submitted by insurance companies to rating organizations, verification by employer, and issuance of experience modification worksheets to insureds; to change certain provisions relating to compensation for medical care, artificial members, and other treatment and supplies, effect of employee's refusal of treatment, and employer's liability for temporary care; to change certain provisions relating to the appointment of a conservator for a minor or an incompetent claimant; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by revising subsection (c) of Code Section 34-9-15, relating to procedure for settlement between parties generally, approval by the board, finality of settlement, and lump sum settlement, as follows:
"(c) The parties by agreement and with the approval of the board may enter into a compromise lump sum settlement resolving all issues The board or any party to the settlement agreement may require that the settlement documents contain language which prorates the lump sum settlement over the life expectancy of the injured worker. When such an agreement has been approved, neither the weekly compensation rate paid throughout the case nor the maximum statutory weekly rate applicable to the injury shall apply. No compensation rate shall exceed the maximum statutory weekly rate as

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of the date of injury. Instead, the prorated rate set forth in the approved settlement documents shall control and become the rate for that case. This subsection shall be retroactive in effect."
SECTION 2. Said title is further amended by revising Code Section 34-9-136, relating to statistical data submitted by insurance company to rating organization, verification by employer, and issuance of experience modification worksheets to insured, as follows:
"34-9-136. (a) Before an insurance company is authorized to submit statistical data on an employer to any licensed rating organization for purposes of determining the employer's experience modification factor, the insurance company must verify with the employer the accuracy of the data. In so verifying, the insurance company shall provide to the employer: (1) the data to be submitted; and (2) a statement in boldface type, to be signed by an authorized representative of the employer, and submitted by the insurance company to the licensed rating organization along with the statistical data. Said statement shall indicate that the statistical data to be submitted have been reviewed by the authorized representative of the employer; that said data are accurate; and that an insurance company representative has explained to the employer's representative that the statistical data to be submitted may affect the employer's premium for workers' compensation insurance coverage. Within 30 days of receipt of a written request directly from the employer or agent of record, the insurance company shall provide the employer or agent of record with the statistical data submitted to the statistical agent for purposes of determining the employer's experience modification factor. (b) When a licensed rating organization issues an insured's experience modification worksheet to the insured's workers' compensation insurance company, the licensed rating organization shall submit make available a copy of the worksheet to the insured."
SECTION 3. Said title is further amended by revising subsection (f) of Code Section 34-9-221, relating to procedure, payment controverted by employer, delinquency charge, and enforcement, as follows:
"(f) If income benefits payable under the terms of an award are not paid within 20 days after becoming due, there shall be added to the accrued income benefits an amount equal to 20 percent thereof, which shall be paid at the same time as, but in addition to, the accrued benefits unless review of the award is granted by the board or unless this nonpayment is excused by the board after a showing by the employer that due to conditions beyond the control of the employer the income benefits could not be paid within the period prescribed."
SECTION 4. Said chapter is further amended by revising Code Section 34-9-226, relating to the appointment of a guardian for a minor or an incompetent claimant, as follows:

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"34-9-226. (a) Except as provided in this Code section, the only person capable of representing a minor or legally incompetent claimant entitled to workers' compensation benefits shall be (1) a conservator duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person or by any court of competent jurisdiction within this state, or (2) a conservator or the equivalent thereof duly appointed by a court of competent jurisdiction outside the State of Georgia. Said Such conservator shall be required to file with the board a copy of the conservatorship returns filed annually with the probate court or with a court of competent jurisdiction outside the State of Georgia and give notice to all parties within 30 days of any change in status. (b) The board shall have authority in and shall establish procedures for appointing temporary conservators for purposes of administering workers' compensation rights and benefits without such conservator becoming the legally qualified conservator of any other property, without such conservator's actions being approved by a court of record, and without the posting of a bond, in only the following circumstances:
(1) The board may, in its discretion, authorize and appoint a temporary conservator of a minor or legally incompetent person to receive and administer weekly income benefits on behalf of and for the benefit of said minor or legally incompetent person for a period not to exceed 52 weeks unless renewed or extended by order of the board; (2) The board may, in its discretion, authorize and appoint a temporary conservator of a minor or legally incompetent person to compromise and terminate any claim and receive any sum paid in settlement for the benefits and use of said minor or legally incompetent person where the net settlement amount approved by the board is less than $50,000.00 $100,000.00; however, where the natural parent is the guardian of a minor and the settlement amount is less than $15,000.00, no board appointed conservator shall be necessary. After settlement, the board shall retain the authority to resolve disputes regarding continuing representation of a board appointed conservator of a minor or legally incompetent person; and (3) If a minor or legally incompetent person does not have a duly appointed representative or conservator, the board may, in its discretion, appoint a guardian ad litem to bring or defend an action under this chapter in the name of and for the benefit of said minor or legally incompetent person to serve for a period not to exceed 52 weeks, unless renewed or extended by order of the board. However, no guardian ad litem appointed pursuant to this Code section shall be permitted to receive the proceeds from any such action except as provided in this Code section and the board shall have the authority to determine compensation, if any, for any guardian ad litem appointed pursuant to this Code section."
SECTION 5. Said chapter is further amended by revising paragraphs (1) and (2) of subsection (b) of Code Section 34-9-264, relating to compensation for loss of hearing caused by harmful noise under workers' compensation, as follows:

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"(1) In the evaluation of occupational hearing loss, only the hearing levels at the frequencies of 500, 1,000, and 2,000, and 3,000 cycles per second shall be considered. Hearing losses for frequencies below 500 and above 2,000 3,000 cycles per second are not to be considered as constituting compensable hearing disability. No consideration shall be given to the question of whether or not the ability of an employee to understand speech is improved by the use of a hearing aid. The board may order the employer to provide the employee with an original hearing aid if it will materially improve the employee's ability to hear; (2) The percentage of hearing loss shall be calculated as the average, in decibels, of the thresholds of hearing for the frequencies of 500, 1,000, and 2,000, and 3,000 cycles per second. Pure tone air conduction audiometric instruments, properly calibrated according to accepted national standards such as American Standards Association, Inc. (ASA), International Standards Organization (ISO), or American National Standards Institute, Inc. (ANSI), shall be used for measuring hearing loss. If more than one audiogram is taken, the audiogram having the lowest threshold will be used to calculate occupational hearing loss. If the losses of hearing average 15 25 decibels (26 db if ANSI or ISO) or less in the three four frequencies, such losses of hearing shall not constitute any compensable hearing disability. If the losses of hearing average 82 92 decibels (93 db if ANSI or ISO) or more in the three four frequencies, then the same shall constitute and be total or 100 percent compensable hearing loss. In measuring hearing impairment, the lowest measured losses in each of the three four frequencies shall be added together and divided by three four to determine the average decibel loss. For each decibel of loss exceeding 15 25 decibels (26 db if ANSI or ISO) an allowance of 1 1/2 percent shall be made up to the maximum of 100 percent which is reached at 82 92 decibels (93 db if ANSI or ISO). In determining the binaural percentage of loss, the percentage of impairment in the better ear shall be multiplied by five. The resulting figure shall be added to the percentage of impairment in the poorer ear, and the sum of the two divided by six. The final percentage shall represent the binaural hearing impairment;"

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 Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell

Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E

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Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

N Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

E Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons E Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S E Setzler

Y Smith, K Y Smith, L Y Smith, R E Smith, T E Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson E Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 3.

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

Representatives Beasley-Teague of the 65th 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 Meadows of the 5th moved that the following Bill of the House be recommitted to the Committee on Rules:

HB 863. By Representatives Hatchett of the 143rd, Hamilton of the 23rd, Stephens of the 164th, Roberts of the 154th, Carter of the 175th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding,

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central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes.
The motion prevailed.
Representative Powell of the 171st moved that the following Bill of the House be withdrawn from the Committee on Agriculture & Consumer Affairs and recommitted to the Committee on Game, Fish, & Parks:
HB 1043. By Representatives Powell of the 171st, Roberts of the 154th, Shaw of the 176th, McCall of the 30th, Jasperse of the 12th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 4 of the O.C.G.A., relating to prevention and control of disease in livestock, so as to provide for regulation of importation of white-tailed deer from other states into this state for breeding purposes; to define certain terms; to provide for deer breeding permits; to provide for terms and conditions; to regulate deer breeders and deer breeding facilities; to prohibit certain acts; to amend Chapter 5 of Title 27 of the O.C.G.A., relating to wild animals, so as to change certain provisions relating to importation restrictions relative to live cervids and prohibitions on possession of cervid carcasses and to change certain provisions relating to wild animal licenses and permits generally; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1604. By Representatives Bruce of the 64th, Fludd of the 66th, Williams of the 89th, Willard of the 49th, Stephenson of the 92nd and others:
A RESOLUTION commending Monica Pearson and inviting her to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1605. By Representative Greene of the 149th:
A RESOLUTION honoring the life and memory of Dr. Lawrence J. Hanks, Sr.; and for other purposes.

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HR 1606. By Representatives Dickey of the 136th and James of the 135th:
A RESOLUTION recognizing and commending Mrs. Hope Giles, Peach County District's 2012 Teacher of the Year; and for other purposes.
HR 1607. By Representatives Stephens of the 161st, Gordon of the 162nd, Waites of the 60th, Bell of the 58th, Purcell of the 159th and others:
A RESOLUTION recognizing and commending the Savannah Chapter #159 of the Order of the Eastern Star, Prince Hall on the occasion of its 100th anniversary; and for other purposes.
HR 1608. By Representatives Stephens of the 161st, Gordon of the 162nd, Waites of the 60th, Bell of the 58th, Purcell of the 159th and others:
A RESOLUTION commending the Top Ladies of Distinction, Incorporated, on their Leadership Conference; and for other purposes.
HR 1609. By Representatives Dudgeon of the 24th, Hamilton of the 23rd and Amerson of the 9th:
A RESOLUTION recognizing and commending Anna Aigner-Muehler, Forsyth County's 2012 Teacher of the Year; and for other purposes.
Representative Martin of the 47th District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:
Mr. Speaker:
Your Committee on Budget and Fiscal Affairs Oversight has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 920 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman Representative Sims of the 169th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:
Mr. Speaker:

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Your Committee on Intra-Governmental Coordination has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1117 Do Pass HB 1120 Do Pass SB 413 Do Pass

HB 1119 Do Pass HB 1121 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

Mr. Speaker:

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

HB 871 Do Pass HB 954 Do Pass, by Substitute

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

Representative Knight of the 126th District, Chairman of the Special Committee on Small Business Development and Job Creation, submitted the following report:

Mr. Speaker:

Your Special Committee on Small Business Development and Job Creation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 1102 Do Pass

Respectfully submitted, /s/ Knight of the 126th
Chairman

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Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia
Tuesday, February 28, 2012
Twenty-Seventh Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Pastor Dwayne Beddingfield, Mt. Zion Baptist Church, Danville, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

TUESDAY, FEBRUARY 28, 2012

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HB 1172. By Representative Epps of the 128th:
A BILL to be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4813), so as to provide for election districts to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1173. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, so as to provide for consumer protections related to aftermarket emissions parts and aftermarket safety parts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1174. By Representatives Hightower of the 68th, England of the 108th, McCall of the 30th, Powell of the 29th, Cooke of the 18th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to provide that the Public Service Commission shall adopt certain rules with respect to charges for natural gas used in a structure in which broilers, pullets, or other poultry are raised; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 1177. By Representatives Ehrhart of the 36th, Wilkerson of the 33rd, Evans of the 40th, Johnson of the 37th, Dollar of the 45th and others:
A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), as

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amended, so as to provide for the collection of law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1178. By Representatives Dickson of the 6th, England of the 108th and Coleman of the 97th:
A BILL to be entitled an Act to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes, so as to require a ten-year projection of costs for bills which would create a new program or funding category and which would have a significant impact upon anticipated revenues or expenditures of the Department of Education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 1179. By Representative Anderson of the 117th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved April 5, 2002 (Ga. L. 2002, p. 4909), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1180. By Representative Anderson of the 117th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Lincoln County, approved March 10, 1986 (Ga. L. 1986, p. 3661), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5766), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related

TUESDAY, FEBRUARY 28, 2012

1523

matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1181. By Representative Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties, municipal corporations, and other governmental entities, so as to provide that tenants of airports shall be authorized to be members of an airport authority or commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1182. By Representative Parent of the 81st:
A BILL to be entitled an Act to amend Code Section 44-3-76 of the Official Code of Georgia Annotated, relating to compliance with condominium instruments, rules, and regulations, so as to prevent an association from prohibiting the display of a for sale sign by a unit owner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 1183. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act relating to the Montgomery County Board of Education, approved March 21, 1979 (Ga. L. 1979, p. 3151), as amended, so as to change the description of the education districts; to provide for the manner of election; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 1184. By Representative Horne of the 71st:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Moreland, approved March 28, 1985 (Ga. L. 1985, p. 5053), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4213), so as to change the terms and dates of election of the mayor and aldermen; to provide for a referendum; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1185. By Representative Pruett of the 144th:
A BILL to be entitled an Act to provide a new charter for the City of Cochran; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for 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.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1186. By Representatives McCall of the 30th, England of the 108th and Roberts of the 154th:
A BILL to be entitled an Act to amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to provide for the applicability of general provisions to persons who buy for cash; to raise the monetary amounts of surety bonds required of agricultural products dealers and grain dealers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1187. By Representatives Braddock of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as

TUESDAY, FEBRUARY 28, 2012

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amended, so as to create the position of city manager and define the powers and duties of said position; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1610. By Representatives Ashe of the 56th, Oliver of the 83rd, Dobbs of the 53rd, Byrd of the 20th, Gardner of the 57th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that as of January 1, 2015, the Senate shall not consist of not more than 38 Senators and the House of Representatives shall consist of not more than 120 Representatives; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 1611. By Representative Kidd of the 141st:
A RESOLUTION recognizing the need to preserve the sovereignty of a federal corporation to engage in certain commercial activities within the confines of Baldwin County, Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HR 1612. By Representative Sims of the 169th:
A RESOLUTION honoring Mr. John S. Gibson and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:
HB 1198. By Representatives Meadows of the 5th, Houston of the 170th, Smith of the 131st, Hembree of the 67th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, so as to modify provisions relating to grandparent visitation rights; to provide for an opportunity to seek grandparent visitation in cases where the parent is deceased, incapacitated, or

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incarcerated or otherwise unable to exercise his or her discretion regarding a decision to permit grandparent visitation; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 1164 HB 1166 HB 1168 HB 1170 HB 1175 HR 1602 SB 447

HB 1165 HB 1167 HB 1169 HB 1171 HB 1176 HR 1603 SR 765

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

Mr. Speaker:

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

HB 952 Do Pass, by Substitute HB 1069 Do Pass, by Substitute HB 1143 Do Pass

HB 972 Do Pass, by Substitute HB 1110 Do Pass, by Substitute

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

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

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HB 772 HB 877 HB 1004 HB 1022 HB 1096 HB 1099 HB 1106 HB 1108 HB 1111 HB 1126 HB 1131 HB 1145 HB 1158 SB 435

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

HB 773 HB 957 HB 1005 HB 1095 HB 1098 HB 1101 HB 1107 HB 1109 HB 1112 HB 1127 HB 1144 HB 1154 SB 394 SB 436

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

Respectfully submitted, /s/ Sims of the 169th
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 1544 Do Pass HR 1545 Do Pass

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

E Abdul-Salaam Allison Amerson Anderson
E Ashe Atwood Baker Battles Beasley-Teague Bell Benton Beverly Black Braddock Brockway Brooks Bruce Bryant Buckner

Dawkins-Haigler Dickerson Dickey E Dickson Dobbs Dollar Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J Evans Floyd Frazier Fullerton Gardner

Holcomb Holmes Holt Horne Houston Howard E Hudson Hugley Jackson Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S Jordan Kaiser Kendrick

McKillip Meadows Mitchell Morgan Morris E Mosby Murphy Neal, J Neal, Y Nimmer Nix O'Neal Pak Parent Parrish Parsons Powell, A Powell, J Pruett

Sims, B Sims, C Smith, E Smith, K Smith, L Smith, R E Smith, T E Smyre Spencer Stephens, M Stephens, R E Stephenson Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas

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Burns Carson Carter Channell Cheokas Clark, J Clark, V Coleman E Collins Cooke Coomer Cooper Crawford Davis

Golick Gordon Greene Hamilton Hanner Harbin Harden, M Harrell Hatchett Hatfield Heard Hembree E Henson Hightower

Kidd Knight Lane Lindsey E Long Maddox, B Maddox, G Manning Marin Martin Maxwell Mayo McBrayer McCall

Purcell Ramsey Reece Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M Scott, S E Setzler Shaw Sheldon

Waites Watson Welch Weldon Wilkerson Wilkinson Willard E Williams, A E Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Byrd of the 20th, Dempsey of the 13th, Drenner of the 86th, Fludd of the 66th, Geisinger of the 48th, Harden of the 147th, Hill of the 21st, and Oliver of the 83rd.

They wished to be recorded as present.

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 28, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 548 HB 766 HB 845

Workers' compensation; parties to franchise agreement not considered employees; provide (IndR-Martin-47th) Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions (GAff-Benton-31st) Early care and education programs; influenza vaccine; provide information (H&HS-Watson-163rd)

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HR 1376 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize (Substitute)(SI&P-Greene-149th)

Modified Structured Rule

HB 456 HB 541 HB 692 HB 900 HB 933 HB 986 HB 1082 HB 1146

Georgia Government Accountability Act; enact (Substitute)(B&FAO-Byrd20th) Obstruction of public administration; threaten or intimidate officer or official; provide for offense (Substitute)(JudyNC-Epps-140th) Educational professionals; reduce salary if test scores were falsified; provide (Substitute)(Ed-Mitchell-88th) Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide (MotV-Rice-51st) Preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program; provide (RegI-Rogers-26th) Insurance; dispute or complaint involving material not in English, the English version shall control the resolution; provide (Ins-Hembree-67th) Cook County Magistrate Court; future elections for chief magistrate shall be nonpartisan elections; provide (IGC-Houston-170th) Georgia Vocational Rehabilitation Services Board; create (HumR-McCall30th)

Structured Rule

HB 932 HB 942 HB 944

Taxation; nonresident subcontractor withholding payments; change required percentage (RegI-Williams-4th) Official Code of Georgia; revise, modernize and correct errors or omissions (Judy-Willard-49th) Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions (Judy-Willard-49th)

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

HB 772. By Representatives Holt of the 112th, Welch of the 110th and Dickerson of the 95th:

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A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4004), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4004), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4004), is amended by striking Section 1-101 and inserting in lieu thereof the following:
"SECTION 1-101. (a) The Board of Commissioners of Newton County which existed immediately prior to the effective date of this Act is continued in existence but on and after the effective date of this Act shall be constituted as provided in this Act. The Board of Commissioners of Newton County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the Board of Commissioners of Newton County who are serving as such immediately prior to the effective date of this Act and any person selected to fill

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a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Commissioners of Newton County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (c) of this section. (c) For purposes of electing members of the board of commissioners, Newton County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: newtonccsbR-2012 Plan Type: Local Administrator: Newton User: SE'.
(d)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Newton County which is not included in any district described in subsection (c) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Newton County which is described in subsection (c) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) The members of the reconstituted Board of Commissioners of Newton County shall be elected as provided in this subsection. The first members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 2 and 4 in 2014 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. The first members from Commissioner Districts 1, 3, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. Those members of the board elected thereto from Commissioner Districts 1, 3, and 5 in 2012 shall take office the first day of January immediately following that

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election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (f) Commissioner Districts 1 through 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1 through 5, respectively, but as newly described under this Act; and, on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. The Board of Commissioners of Newton County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: newtonccsbR-2012 Plan Type: Local Administrator: Newton User: SE
District 001 Newton County VTD: 21706 - BREWERS 100201: 1033 1034 1035 1036 1037 1038 1047 1048 1049 100800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037

TUESDAY, FEBRUARY 28, 2012
1038 1039 1040 1041 1042 1043 1044 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1116 1117 1118 1119 2036 2037 2038 2039 2040 2042 2043 2045 2046 2047 2048 2049 2050 2065 2066 2074 VTD: 21707 - BRICK STORE VTD: 21710 - DOWNS 100901: 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1054 2011 2014 3000 3001 3002 3003 3004 3005 3020 3021 3024 3025 3026 3027 3028 3029 VTD: 21715 - MANSFIELD 100201: 1021 1030 1031 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1053 1054 1055 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2070 2071 2072 2073 2074 2078 2079 2084 3019 3020 3021 3022 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 VTD: 21716 - NEWBORN VTD: 21718 - ROCKY PLAINS VTD: 21725 - HUB 100202: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1025 1026 1027 1028 1029 1032 1040 1056 1057 1058 2046 2047 2051 2054 2064 2065 2066 2067 2068 2078 2079 2080 2081
District 002 Newton County VTD: 21709 - LIVINGSTON 100901: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1019 1020 1021 1051 1052 1053 VTD: 21710 - DOWNS 100901: 1016 1017 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

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2010 2012 2013 2015 2016 2017 2018 2019 2020 2021 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3022 3023 3030 3031 3032 100903: 2018 2019 2020 2021 2022 2023 VTD: 21719 - BUCK CREEK VTD: 21720 - STANSELLS 100501: 1037 1038 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 100902: 1004 1005 1006 1007 1008 2000 2001 100903: 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1059
District 003 Newton County VTD: 21703 - ALMON 100100: 2051 2052 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2084 2085 2086 100501: 1004 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2034 2047 2048 2051 2052 2053 2054 2055 2058 2059 2060 2061 3000 3001 3007 3008 3014 3016 3017 3022 100502: 2005 2006 2008 2009 2010 2011 2014 VTD: 21712 - GUM CREEK 100100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 2050 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3044 3045 VTD: 21713 - BEAVERDAM 100501: 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1039 1040 1053 1054 2046 100502:

TUESDAY, FEBRUARY 28, 2012
1006 1012 1013 VTD: 21720 - STANSELLS 100903: 1000 1001 1002 1003 1004 1005 1006 1007 1009 VTD: 21723 - FAIRVIEW VTD: 21724 - CROWELL 100501: 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1036 1056 1057 1058 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2033 2035 2036 2037 2038 2056 2057 2062 2063 100502: 1008 2007 2012 2013 2015 2016 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2069 2073 2074
District 004 Newton County VTD: 21701 - CITY POND 100100: 2002 2010 2012 2013 2014 2015 2016 2020 2021 2022 2023 2027 2028 2029 2039 2040 2079 2080 2081 2082 2083 4030 4031 4032 4035 4036 4037 4038 4039 4041 4042 4043 4044 4045 4046 4047 4048 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4083 4084 100300: 3001 3002 3003 3004 3008 3009 3010 3012 3013 3014 3015 3016 3017 3018 3022 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3039 3049 3050 3056 3058 3059 3060 3061 3062 3075 3081 100400: 1007 1008 1009 1013 1014 1015 1016 1022 1023 1071 1072 1073 VTD: 21702 - TOWN VTD: 21703 - ALMON 100100: 2046 2047 2053 2054 2055 2056 100400: 1035 1036 100502: 2004 VTD: 21705 - COVINGTON MILLS 100700:

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1001 1002 1004 1005 1009 1010 1011 1012 1013 1014 2019 2020 2026 2027 2028 2030 3038 3041 3042 3043 3044 3045 3046 3048 3049 VTD: 21708 - CEDAR SHOALS 100400: 2029 2030 2035 2036 2037 2038 2041 100502: 2000 2022 2050 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2068 2072 100600: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 2025 2026 2052 2053 2054 2055 2056 2058 2059 VTD: 21713 - BEAVERDAM 100502: 1011 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1026 1027 1028 1030 1032 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1054 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 VTD: 21717 - OXFORD 100100: 2003 2004 2005 2006 2007 2008 2009 2011 2017 2018 2019 2024 2025 2026 2041 2087 100400: 1000 1001 1002 1003 1004 1005 1006 1017 1018 1019 1020 1021 1024 1025 1026 1027 1028 1029 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1074 1075 VTD: 21724 - CROWELL 100502: 1000 1001 1002 1003 1004 1005 1007 1009 1010 1017 1033 1034 1035 1036 1037 1038 1039 2017 2018 2019 2020
District 005 Newton County VTD: 21701 - CITY POND 100300: 2014 3063 3064 3074 3078 3079 3080 4004 VTD: 21704 - ALCOVY VTD: 21705 - COVINGTON MILLS 100300: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036

TUESDAY, FEBRUARY 28, 2012
1037 1038 1040 1043 1044 1045 1046 1047 1055 1056 4034 4035 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4061 100700: 1000 1003 1007 1008 3000 3001 3002 3003 3004 3008 3009 3010 3011 3017 3020 3023 3030 VTD: 21706 - BREWERS 100201: 1025 1026 1028 1032 100800: 2020 2021 2041 2044 VTD: 21708 - CEDAR SHOALS 100502: 1025 1029 1031 1050 1051 1052 1053 1055 1067 1068 1069 1070 100600: 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1031 1032 1033 1034 1035 1036 1064 1065 1066 1094 1095 1096 2014 2024 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2057 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 VTD: 21709 - LIVINGSTON 100600: 1006 1007 1008 1009 1010 1011 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 VTD: 21712 - GUM CREEK 100100: 1029 1030 1031 1032 1033 1034 2000 3035 VTD: 21714 - LEGUINN VTD: 21715 - MANSFIELD 100201: 1022 1029 VTD: 21717 - OXFORD 100100: 2001 3013 3014 3015 3016 3032 3033 3034 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 3048 3049 3050 3051 3052 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025

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4026 4027 4028 4029 4033 4034 4040 4049 4050 4051 4052 4069 4080 4081 4082 4085 4088 4101 4104 4105 4106 4109 4110 VTD: 21725 - HUB 100202: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2048 2049 2050 2053 2055 2056 2057 2058 2059 2060 2061 2062 2063 2072
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 773. By Representatives Holt of the 112th, Welch of the 110th and Dickerson of the 95th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3778), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3778), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 28, 2012

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3778), is amended by striking Section 1 and inserting in lieu thereof the following:
"SECTION 1. (a) The Board of Education of Newton County which existed immediately prior to the effective date of this Act is continued in existence but on and after the effective date of this Act shall be constituted as provided in this Act. The Board of Education of Newton County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the Board of Education of Newton County who are serving as such immediately prior to the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Education of Newton County shall consist of five members all of whom shall be elected from education districts described in subsection (c) of this section. (c) For purposes of electing members of the board of education, the Newton County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: newtonccsbR-2012 Plan Type: Local Administrator: Newton User: SE'.
(d)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Newton County which is not included in any district described in subsection (c) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

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(3) Any part of Newton County which is described in subsection (c) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) The members of the reconstituted Board of Education of Newton County shall be elected as provided in this subsection. The first members from Education Districts 1, 3, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Education Districts 1, 3, and 5 in 2014 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. The first members from Education Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. Those members of the board elected thereto from Education Districts 2 and 4 in 2012 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (f) Education Districts 1 through 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1 through 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. The Board of Education of Newton County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

TUESDAY, FEBRUARY 28, 2012
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: newtonccsbR-2012 Plan Type: Local Administrator: Newton User: SE
District 001 Newton County VTD: 21706 - BREWERS 100201: 1033 1034 1035 1036 1037 1038 1047 1048 1049 100800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1116 1117 1118 1119 2036 2037 2038 2039 2040 2042 2043 2045 2046 2047 2048 2049 2050 2065 2066 2074 VTD: 21707 - BRICK STORE VTD: 21710 - DOWNS 100901: 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1054 2011 2014 3000 3001 3002 3003 3004 3005 3020 3021 3024 3025 3026 3027 3028 3029 VTD: 21715 - MANSFIELD 100201: 1021 1030 1031 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1053 1054 1055 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2070 2071 2072 2073 2074 2078 2079 2084 3019 3020 3021 3022 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 VTD: 21716 - NEWBORN

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VTD: 21718 - ROCKY PLAINS VTD: 21725 - HUB 100202: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1025 1026 1027 1028 1029 1032 1040 1056 1057 1058 2046 2047 2051 2054 2064 2065 2066 2067 2068 2078 2079 2080 2081
District 002 Newton County VTD: 21709 - LIVINGSTON 100901: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1019 1020 1021 1051 1052 1053 VTD: 21710 - DOWNS 100901: 1016 1017 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2013 2015 2016 2017 2018 2019 2020 2021 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3022 3023 3030 3031 3032 100903: 2018 2019 2020 2021 2022 2023 VTD: 21719 - BUCK CREEK VTD: 21720 - STANSELLS 100501: 1037 1038 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 100902: 1004 1005 1006 1007 1008 2000 2001 100903: 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1059
District 003 Newton County VTD: 21703 - ALMON 100100: 2051 2052 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2084 2085 2086 100501: 1004 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2034

TUESDAY, FEBRUARY 28, 2012
2047 2048 2051 2052 2053 2054 2055 2058 2059 2060 2061 3000 3001 3007 3008 3014 3016 3017 3022 100502: 2005 2006 2008 2009 2010 2011 2014 VTD: 21712 - GUM CREEK 100100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 2050 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3044 3045 VTD: 21713 - BEAVERDAM 100501: 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1039 1040 1053 1054 2046 100502: 1006 1012 1013 VTD: 21720 - STANSELLS 100903: 1000 1001 1002 1003 1004 1005 1006 1007 1009 VTD: 21723 - FAIRVIEW VTD: 21724 - CROWELL 100501: 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1036 1056 1057 1058 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2033 2035 2036 2037 2038 2056 2057 2062 2063 100502: 1008 2007 2012 2013 2015 2016 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2069 2073 2074
District 004 Newton County VTD: 21701 - CITY POND 100100: 2002 2010 2012 2013 2014 2015 2016 2020 2021 2022 2023 2027 2028 2029 2039 2040 2079 2080 2081 2082 2083 4030 4031 4032 4035 4036 4037 4038 4039 4041 4042 4043 4044 4045 4046 4047 4048 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4083 4084 100300:

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3001 3002 3003 3004 3008 3009 3010 3012 3013 3014 3015 3016 3017 3018 3022 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3039 3049 3050 3056 3058 3059 3060 3061 3062 3075 3081 100400: 1007 1008 1009 1013 1014 1015 1016 1022 1023 1071 1072 1073 VTD: 21702 - TOWN VTD: 21703 - ALMON 100100: 2046 2047 2053 2054 2055 2056 100400: 1035 1036 100502: 2004 VTD: 21705 - COVINGTON MILLS 100700: 1001 1002 1004 1005 1009 1010 1011 1012 1013 1014 2019 2020 2026 2027 2028 2030 3038 3041 3042 3043 3044 3045 3046 3048 3049 VTD: 21708 - CEDAR SHOALS 100400: 2029 2030 2035 2036 2037 2038 2041 100502: 2000 2022 2050 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2068 2072 100600: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 2025 2026 2052 2053 2054 2055 2056 2058 2059 VTD: 21713 - BEAVERDAM 100502: 1011 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1026 1027 1028 1030 1032 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1054 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 VTD: 21717 - OXFORD 100100: 2003 2004 2005 2006 2007 2008 2009 2011 2017 2018 2019 2024 2025 2026 2041 2087 100400: 1000 1001 1002 1003 1004 1005 1006 1017 1018 1019 1020 1021 1024 1025 1026 1027 1028 1029 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1074 1075

TUESDAY, FEBRUARY 28, 2012
VTD: 21724 - CROWELL 100502: 1000 1001 1002 1003 1004 1005 1007 1009 1010 1017 1033 1034 1035 1036 1037 1038 1039 2017 2018 2019 2020
District 005 Newton County VTD: 21701 - CITY POND 100300: 2014 3063 3064 3074 3078 3079 3080 4004 VTD: 21704 - ALCOVY VTD: 21705 - COVINGTON MILLS 100300: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1040 1043 1044 1045 1046 1047 1055 1056 4034 4035 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4061 100700: 1000 1003 1007 1008 3000 3001 3002 3003 3004 3008 3009 3010 3011 3017 3020 3023 3030 VTD: 21706 - BREWERS 100201: 1025 1026 1028 1032 100800: 2020 2021 2041 2044 VTD: 21708 - CEDAR SHOALS 100502: 1025 1029 1031 1050 1051 1052 1053 1055 1067 1068 1069 1070 100600: 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1031 1032 1033 1034 1035 1036 1064 1065 1066 1094 1095 1096 2014 2024 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2057 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 VTD: 21709 - LIVINGSTON 100600: 1006 1007 1008 1009 1010 1011 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061

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1062 1063 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 VTD: 21712 - GUM CREEK 100100: 1029 1030 1031 1032 1033 1034 2000 3035 VTD: 21714 - LEGUINN VTD: 21715 - MANSFIELD 100201: 1022 1029 VTD: 21717 - OXFORD 100100: 2001 3013 3014 3015 3016 3032 3033 3034 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 3048 3049 3050 3051 3052 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4033 4034 4040 4049 4050 4051 4052 4069 4080 4081 4082 4085 4088 4101 4104 4105 4106 4109 4110 VTD: 21725 - HUB 100202: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2048 2049 2050 2053 2055 2056 2057 2058 2059 2060 2061 2062 2063 2072
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 877. By Representatives Jones of the 46th, Bruce of the 64th, Riley of the 50th, Fludd of the 66th, Martin of the 47th and others:
A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, particularly by an Act approved March 27, 1992 (Ga. L. 1992, p. 5078), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 28, 2012

1547

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 957. By Representative Williamson of the 111th:
A BILL to be entitled an Act to amend an Act to continue the charter for the Academy of Social Circle and to create a body politic known as the School District of Social Circle, approved April 29, 1997 (Ga. L. 1997, p. 4557), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members of the board of education; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act to continue the charter for the Academy of Social Circle and to create a body politic known as the School District of Social Circle, approved April 29, 1997 (Ga. L. 1997, p. 4557), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members of the board of education; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to continue the charter for the Academy of Social Circle and to create a body politic known as the School District of Social Circle, approved April 29, 1997 (Ga. L. 1997, p. 4557), is amended by revising subsections (b), (c), and (d) of Section 3 and adding a new subsection to read as follows:
"(b) The Board of Education of Social Circle shall consist of five members, all of whom shall be elected from education districts described in subsection (c) of this section except for the member who is the chairperson who shall be elected at large as provided in this Act. (c) For the purpose of electing members of the board of education other than the chairperson, the Social Circle School District is divided into four education districts. One member shall be elected from each such district. The four education districts shall be and correspond to those four numbered districts described in and attached to and

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made a part of this Act and further identified as 'Plan: soccirsb-2012 Plan Type: Local Administrator: Social Circle SB User: Gina'.
(d)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of the Social Circle School District which is not included in any district described in subsection (c) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Social Circle School District which is described in subsection (c) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) Those members of the Board of Education of Social Circle who are serving as such immediately prior to the effective date of this subsection and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. Education Districts 1 through 4, as they exist immediately prior to the effective date of this subsection, shall continue to be designated as Education Districts 1 through 4, respectively, but as newly described under this Act; and, on and after the effective date of this subsection, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. The Board of Education of Social Circle shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 28, 2012

1549

Plan: soccirsb-2012 Plan Type: Local Administrator: Social Circle SB User: Gina
District 001 Walton County VTD: 297418 - SOCIAL CIRCLE 1010 1011 1012 1013 1014 1015 1016 1017 1020 1021 1022 1023 1026 1031 1032 2000 2001 2005 2007 2008 2009 2017 2018 2019 2020 2021 3025 3026 3027 3033 4026 4027 4031 4032 4033 4034 4035 4036 4051 4053 4056 4058 4059 4060 4061 4062 4063 4065 4066 4067 4070 4071 4072 4073 4074 4075
District 002 Walton County VTD: 297418 - SOCIAL CIRCLE 1024 1027 1028 1029 1030 1036 1037 1038 1039 1040 1042 1043 2002 2006 2015 2016 2032 2033 2035 2036 2041 2042 2043 2044 2045 2046 2047 2048 2049 2059 2060 2061 2062 2063 2064 2067 2068 2069 2070 2075 2076 2084 2085
District 003 Newton County VTD: 21725 - HUB 2004 2005 Walton County VTD: 297418 - SOCIAL CIRCLE 1000 1002 1003 1005 1008 1009 1018 1019 1025 1044 4042 4043 4044 4045 4046 4047 4048 4049 4076 4079
District 004 Walton County VTD: 297418 - SOCIAL CIRCLE 1001 1004 4050 4052 4054 4055 4057 4064
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1004. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved

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March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3663), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 747), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1005. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3672), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act establishing a Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3672), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 28, 2012

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing a Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3672), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), is amended by revising Sections 1 and 2 as follows:
"SECTION 1. The Board of Education of Coffee County which existed on December 31, 2011, is continued in existence but on and after the effective date of this Act, shall be constituted as provided in this Act. The Board of Education of Coffee County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2012.
SECTION 2. (a) Those members of the Board of Education of Coffee County who are serving as such on December 31, 2011, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Education of Coffee County shall consist of five members all of whom shall be elected from education districts described in subsection (b) of this section. (b) For purposes of electing members of the board of education, the Coffee County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: coffeeccsb-2012 Plan Type: local Administrator: coffee User: bak'. (c) When used in such attachment, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Coffee County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of the Coffee County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part

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which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 2. The Board of Education of Coffee County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 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.
Plan: coffeeccsb-2012 Plan Type: local Administrator: coffee User: bak
District 001 Coffee County VTD: 0691 - DOUGLAS 010400: 1061 1063 1065 1066 1067 2004 2007 2008 2009 2010 2011 2017 2018 2022 2023 2028 2029 2034 2035 2036 2037 2038 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3019 3023 3024 3036 3037 010500: 2000 2007 2013 2014 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 010700: 1012 1013 1016 1017 1027 1031 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1049 1065 1066 1067 1070 1071 1077 1082 1083 2000 2002 2003 2026 2027 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013

TUESDAY, FEBRUARY 28, 2012
3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 010801: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2040 2041 2042 2043 2044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 010802: 1037 1038 1039 1040 1042 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2022 2024 2025 2048 3000 3001 3002 3003 3004 3005 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051
District 002 Coffee County VTD: 0691 - DOUGLAS 010200: 1040 1055 1056 1057 1058 1059 1060 1096 1097 1098 1099 1101 1105 1106 1107 1108 1109 1110 1114 1116 1129 1158 1159 1160 1161 1162 1163 1164 1165 1166 1169 1173 010300: 1193 010801: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 010802: 2000 2001 2026 2027 2028 2029 2030 2031 2032 2033 2034 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 VTD: 0695 - NICHOLLS 010200: 1088 1089 1090 1104 1167 1168 1189 1192 2154 010300:

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1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1141 1142 1143 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1192 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1248 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 010802: 2035 VTD: 0696 - WEST GREEN 010200: 1000 1001 1037 1038 1039 1041 1042 1043 1044 1045 1046 1047 1054 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1091 1092 1093 1094 1095 1100 1102 1103

TUESDAY, FEBRUARY 28, 2012
1185 1190 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2155 2156 2157
District 003 Coffee County VTD: 0691 - DOUGLAS 010500: 1087 1088 1090 3011 3012 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3068 3069 3070 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3094 010600: 1000 1001 1002 1055 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1136 1137 1138 1140 3083 3084 3086 3088 3089 010700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1014 1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 1032 1033 1034 1045 1046 1047 1048 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1068 1069 1072 1073 1074 1075 1076 1078 1079 1080 1081 2001 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040

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4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 010801: 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1034 1035 1071 1091 2031 2032 2033 2034 2035 2036 2037 2038 2039 010802: 2018 2019 2020 2021 2023 2049 2050
District 004 Coffee County VTD: 0691 - DOUGLAS 010100: 2100 2101 010200: 1111 1112 1113 1115 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1170 1171 1172 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1186 1187 1188 1191 010300: 1135 1139 1247 010400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1062 1064 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 2000 2001 2002 2003 2005 2006 2012 2013 2014 2015 2016 2019 2020 2021 2024 2025 2026 2027 2030 2031 2032 2033 2039 3000 3001 3002 3003 3017 3018 3020 3021 3022 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107

TUESDAY, FEBRUARY 28, 2012
010500: 1000 1001 1002 1003 1004 1005 1010 1011 1014 1015 1016 1020 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1089 1091 1092 1093 1094 1096 1097 1098 2001 2002 2003 2004 2005 2006 2008 2009 2010 2011 2012 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3059 3060 3061 3062 3064 3065 3066 3067 3071 3072 010802: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1041 1043 1044 1045 1046 1047 1048 1049 2002 2003 2004 2005 2036 3006 3007 3008 VTD: 0694 - BROXTON 010100: 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3078 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3093 3094 3095 3096 3101 3102 3103 3104 VTD: 0695 - NICHOLLS 010300: 1134 1136 1137 1138 1140 1144 1145 1146 1147 1191
District 005 Coffee County VTD: 0691 - DOUGLAS 010100: 3047 3048 010500: 1006 1007 1008 1009 1012 1013 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1095 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3029 3030 3063 3093 010600: 2141 2144 2145 2146 2147 3009 3010 3011 3012 3085 3118 VTD: 0692 - AMBROSE VTD: 0693 - BRIDGETOWN VTD: 0694 - BROXTON 010100:

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1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2102 2103 2104 2105 2106 2107 2108 3000 3001 3002 3003 3004 3017 3018 3019 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3079 3091 3092 3097 3098 3099 3100 010200: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1117 1118 1193 2033 2034 2035 2036 2037 VTD: 0696 - WEST GREEN 010200: 1002 1003 1004 1032 1033 1034 1035 1036 1048 1049 1050 1051 1052 1053 2029 2030 2032 2038 2039 2040
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1022. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide

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for related matters; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval under 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. An Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), is amended by revising Section 3 as follows:
"SECTION 3. (a) On and after January 1, 2013, the board shall consist of six members, five of whom shall be elected from commissioner districts described in subsection (b) of this section and the sixth of whom shall be the chairperson who is elected at large. (b) For purposes of electing members of the board other than the chairperson, there are hereby created five commissioner districts for Lowndes County. For purposes of creating Commissioner Districts 1, 2, and 3, Lowndes County is divided into three commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, and 3 shall be and correspond to those three numbered districts as described in the districting plan attached to and made a part of this Act and further identified as 'Plan: lowndesccp1R-2012 Plan Type: Local Administrator: Lowndes User: Gina'. For purposes of creating Commissioner Districts 4 and 5, Lowndes County is divided into two commissioner districts which shall overlay Commissioner Districts 1, 2, and 3. One member of the board shall be elected from each such district. Commissioner Districts 4 and 5 shall be and correspond to those two numbered districts as described in the districting plan attached to and made a part of this Act and further identified as 'Plan: lowndesccsupprop1-Tiger2010 Plan Type: LOCAL Administrator: JM User: Admin'.
(c)(1) For the purposes of such plans:

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(A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Lowndes County which is not included in Commissioner District 1, 2, or 3 as described in that attachment describing Commissioner Districts 1, 2, and 3 shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Lowndes County which is described in that attachment describing Commissioner Districts 1, 2, and 3 as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that Commissioner District 1, 2, or 3 contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Lowndes County which is not included in Commissioner District 4 or 5 as described in that attachment describing Commissioner Districts 4 and 5 shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Lowndes County which is described in that attachment describing Commissioner Districts 4 and 5 as being in Commissioner District 4 or 5 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that Commissioner District 4 or 5 that is contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."
SECTION 2. The Board of Commissioners of Lowndes County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 28, 2012
Plan: lowndesccp1R-2012 Plan Type: Local Administrator: Lowndes User: Gina
District 001 Lowndes County VTD: 18504 - MT OLIVE CHURCH 010102: 4000 4002 4003 4004 VTD: 18507 - PINE GROVE CHURCH 010102: 4001 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4017 4025 4026 4027 4028 4056 VTD: 18508 - WATER TMT PLANT 010102: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1031 1034 1037 1038 1039 1040 1041 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4015 4016 4018 4019 4020 4021 4022 4023 4024 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 010604: 2007 2008 2016 VTD: 18510 - MT ZION A.M.E. 010601: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 010604: 2026 2027 2028 2052 2053 2054 2055 2056 VTD: 18513 - JAYCEE PARK ACT VTD: 18514 - NAYLOR CITY HALL VTD: 18515 - SENIOR CITIZENS 010500: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 010604: 1010 1011 1012 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1041 1042 1043 1044 1045 010700:

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2025 2026 2027 2028 2029 2030 2031 2032 2033 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2077 2083 2085 2086 2089 010800: 3000 3001 3002 3003 3004 3005 3006 3012 3013 011000: 1000 1001 1002 2000 2001 2002 2003 2004 2005 2006 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2027 2028 2029 2030 2031 2034 2035 2036 2041 2042 2048 2049 2050 2051 VTD: 18518 - ABUNDANT LIFE CHURCH 010402: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 VTD: 18523 - GARDEN CENTER VTD: 18524 - RAINWATER CONFERENCE CENTER 011401: 1038 1039 1042 1043 1044 1045 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 VTD: 18525 - AZALEA CITY CHURCH 010900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1036 1037 1038 1047 1048 1049 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 011301: 3007 3008 3009 3010 3016 3017 3018 3019 3020 3021 3024 3025 011401: 2011 VTD: 18526 - REMERTON CITY HALL 011301: 1023 1026 1031 VTD: 18527 - CRAIG RECREATION 011301: 1004 1006 1007 1017 1018 1019 1020 1021 1022 1027 1028 1029 1030 1033 1036 011302: 1028 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

TUESDAY, FEBRUARY 28, 2012
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2043 2044 2045 2046 2047 2048 2049 2050 2051 2053 2058 2059 VTD: 18530 - SOUTHSIDE REC C VTD: 18531 - LOMAX PINEVALE VTD: 18532 - MILDRED HUNTER
District 002 Lowndes County VTD: 18501 - SHILOH FIRE STATION 010201: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1065 1066 1067 1074 1075 1076 1078 1080 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2041 2056 2057 2058 2059 2062 2063 2064 2065 010202: 4012 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 VTD: 18502 - NEWSOME ST CHURCH VTD: 18503 - HAHIRA UNITED METHODIST VTD: 18504 - MT OLIVE CHURCH 010101: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1029 1030 1031 1032 1033 1034 1035 1036 1037 010202: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3019 3024 3025 3026 3027 3028 3029 3038 3039 3040 3041 3042 3043 3044 3053 3054 3060 3061 3062 3079 VTD: 18507 - PINE GROVE CHURCH 010101: 1027 1028 1038 1039 1040 1041 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 010103: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

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1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 2000 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2028 2029 2030 2044 2045 2046 2047 2048 010202: 3055 3056 3057 3058 3059 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3082 4000 4001 4002 4014 4015 4016 4043 4044 4048 VTD: 18508 - WATER TMT PLANT 010102: 1029 1030 1035 1036 2000 2001 2002 2003 2017 2018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 010604: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3023 3024 3025 3026 3027 3028 3036 3044 VTD: 18509 - TRINITY PRESBYTARIAN VTD: 18510 - MT ZION A.M.E. 010301: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 18516 - WESTMINSTER PRE VTD: 18517 - MATHIS AUDITORIUM
District 003 Lowndes County VTD: 18501 - SHILOH FIRE STATION 010201: 2039 2040 2052 2053 2054 2055 VTD: 18506 - GORNTO RD COMMUNITY VTD: 18515 - SENIOR CITIZENS 010700: 3007 3008 010800: 3015 3016 3017 3018 3019 3020 3021 3022 3023 3032 3033 3036 3037 3089 VTD: 18518 - ABUNDANT LIFE CHURCH 010500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 011100: 2000 2009 2010 2011 2023 VTD: 18521 - MESSIAH LUTHERAN

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VTD: 18522 - FIRST CHRISTIAN VTD: 18524 - RAINWATER CONFERENCE CENTER 010201: 2060 2061 011401: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1015 1016 1018 1019 1020 1021 1022 1024 1027 1028 1029 1030 1031 1033 1034 1040 1041 VTD: 18525 - AZALEA CITY CHURCH 011301: 2004 2005 3000 3001 3002 3003 3011 3012 3013 3014 3015 3022 3023 VTD: 18526 - REMERTON CITY HALL 011301: 1024 1025 1032 2000 2001 2002 2003 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 VTD: 18527 - CRAIG RECREATION 011301: 1000 1001 1002 1003 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1034 1035 011302: 1029 1030 1068 VTD: 18528 - MT ZION CHURCH VTD: 18529 - PAPERMILL UNION VTD: 18533 - AIRPORT CHURCH VTD: 18534 - DASHER CITY HALL VTD: 18535 - MT PLEASANT CHURCH VTD: 18536 - S LOWNDES REC CENTER VTD: 18537 - LAKE PARK CIVIC
Plan:lowndesccsupprop1-Tiger2010 Plan Type: LOCAL Adminstrator: JM User: Admin
District 004 Lowndes County VTD: 18507 - PINE GROVE CHURCH 2005 2006 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2035 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 2000 2001

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2002 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2028 2029 2030 2044 2045 2046 2047 2048 3063 3064 3065 3066 3069 3070 3071 4000 4001 4002 4014 VTD: 18508 - WATER TMT PLANT 1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1029 1030 1031 1034 1035 1036 1037 1038 1039 1041 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 4030 2007 2008 2016 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3023 3024 3025 3026 3027 3028 3036 3044 VTD: 18509 - TRINITY PRESBYTARIAN 2005 2023 2041 2042 2043 2049 2050 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1021 1023 1031 1032 1033 VTD: 18510 - MT ZION A.M.E. 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2026 2027 2028 2052 2053 2054 2055 2056 VTD: 18513 - JAYCEE PARK ACT VTD: 18514 - NAYLOR CITY HALL VTD: 18515 - SENIOR CITIZENS VTD: 18517 - MATHIS AUDITORIUM 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 18518 - ABUNDANT LIFE CHURCH 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 VTD: 18522 - FIRST CHRISTIAN 2028 2029 1012 1013 1015 1016 1017 1018 1024 VTD: 18523 - GARDEN CENTER VTD: 18525 - AZALEA CITY CHURCH 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1036 1037 1038 1049 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

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3016 3017 3020 3021 3024 3025 VTD: 18527 - CRAIG RECREATION VTD: 18530 - SOUTHSIDE REC C VTD: 18531 - LOMAX PINEVALE VTD: 18532 - MILDRED HUNTER VTD: 18533 - AIRPORT CHURCH 3006 3009 3010 3011 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3024 3025 3026 3027 3028 3029 3030 3031 3034 3035 3038 3039 3040 3041 3042 3043 3044 3069 3070 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 1000 1001 1002 1003 1004 1005 1040 1041 1047 1048 1049 1050 1061 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2082 2084 2085 1004 1005 1006 1007 1008 1018 1019 1020 1021 1022 1023 1026 VTD: 18534 - DASHER CITY HALL 1009 1010 1011 1012 1013 1014 1015 1016 1017 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2022 2023 2024 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2062 2070 2071 VTD: 18535 - MT PLEASANT CHURCH
District 005 Lowndes County VTD: 18501 - SHILOH FIRE STATION VTD: 18502 - NEWSOME ST CHURCH VTD: 18503 - HAHIRA UNITED METHODIST VTD: 18504 - MT OLIVE CHURCH VTD: 18506 - GORNTO RD COMMUNITY VTD: 18507 - PINE GROVE CHURCH 1027 1028 1038 1039 1040 1041 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2033 2034 2036 4001 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4017 4025 4026 4027 4028 4056 3055 3056 3057 3058 3059 3067 3068 3072 3073 3074 3075 3082 4015 4016 4043 4044 4048 VTD: 18508 - WATER TMT PLANT 1000 1001 1002 1003 1005 1006 1023 1028 1040 4015 4016 4018 4019 4020 4021 4022 4023 4024 4029 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055

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VTD: 18509 - TRINITY PRESBYTARIAN 2003 2004 2024 2025 2026 2027 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 4053 4054 4055 1016 1020 1022 1024 1025 1026 1027 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 1012 1013 1015 VTD: 18510 - MT ZION A.M.E. 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 18516 - WESTMINSTER PRE VTD: 18517 - MATHIS AUDITORIUM 1017 1018 1019 1020 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1014 1016 VTD: 18518 - ABUNDANT LIFE CHURCH 2000 2009 2010 2011 2023 VTD: 18521 - MESSIAH LUTHERAN VTD: 18522 - FIRST CHRISTIAN 2001 2002 2003 2004 2005 2006 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2024 2025 2026 2027 2030 2031 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1014 1025 1026 1027 VTD: 18524 - RAINWATER CONFERENCE CENTER VTD: 18525 - AZALEA CITY CHURCH 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1047 1048 2004 2005 3000 3001 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3018 3019 3022 3023 2011 VTD: 18526 - REMERTON CITY HALL VTD: 18528 - MT ZION CHURCH VTD: 18529 - PAPERMILL UNION VTD: 18533 - AIRPORT CHURCH 1031 1032 1046

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2018 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1042 1043 1044 1045 1046 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1062 1063 1064 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2046 2060 2061 2062 2074 2075 2076 2077 2078 2079 2083 2000 2006 2014 2015 2014 2015 2016 2017 2018 2019 2020 2021 2025 2026 2027 2072 VTD: 18534 - DASHER CITY HALL 2032 2033 3000 2043 2044 2045 2046 2047 2048 2049 2061 2063 2064 2065 2066 2067 2068 2069 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 1000 1001 1002 1004 1005 1006 1048 VTD: 18536 - S LOWNDES REC CENTER VTD: 18537 - LAKE PARK CIVIC
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1095. By Representative Black of the 174th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brooks County, approved August 11, 1881 (Ga. L. 1880 1881, p. 518), as amended, particularly by an Act approved March 1, 1984 (Ga. L. 1984, p. 3680), so as to provide for new commissioner districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1096. By Representative Black of the 174th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for reapportionment of the board of education of Brooks County," approved March 5, 1984 (Ga. L. 1984, p. 3717), so as to provide for new education

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districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1098. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Berrien County, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, so as to provide for new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1099. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4441), so as to change the description of the districts from which members of such board are elected; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1101. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Rabun County by the qualified electors of the Rabun County School District, approved March 13, 1978 (Ga. L. 1978, p. 3430), so as to change the description of the education districts; to

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provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1106. By Representative Epps of the 128th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871 - 1872, p. 230), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4805), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1107. By Representative Epps of the 128th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Meriwether County Board of Education," approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4795), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1108. By Representatives Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Monroe County, Georgia," approved February 25, 1993 (Ga. L. 1993, p. 3857), as amended, so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1109. By Representatives Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for the county of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to change the description of the districts from which members of the commission are elected; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1111. By Representatives Shaw of the 176th and Sims of the 169th:
A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson (now the Board of Commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1112. By Representatives Shaw of the 176th and Sims of the 169th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3797), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1126. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3676), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1127. By Representative Powell of the 171st:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3667), so as to change the education districts; to provide for definitions and inclusions; to provide for the continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1131. By Representatives Cooke of the 18th and Maxwell of the 17th:
A BILL to be entitled an Act to amend an Act relative to the Board of Commissioners of Haralson County, approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 247), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1144. By Representatives Knight of the 126th, Maddox of the 127th, Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 763), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1145. By Representatives Knight of the 126th, Maddox of the 127th, Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 770), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to

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provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1154. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend an Act to create the City of Milton Public Buildings and Facilities Authority, approved May 29, 2007 (Ga. L. 2007, p. 4264), so as to authorize city councilmembers to be appointed to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1158. By Representatives Roberts of the 154th and Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5169), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for terms of office and manner of election; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 394. By Senator Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 435. By Senator Hooks of the 14th:

A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Webster County, approved April 9, 1993 (Ga. L. 1993, p. 5075), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3826), so as to change the description of the education districts; to define certain terms; to provide for continuation in office of current members; to provide for method of election; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 436. By Senator Hooks of the 14th:

A BILL to be entitled an Act to amend an Act to provide for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3834), so as to provide the terms of office of magistrates other than the chief magistrate; to provide for the nomination and appointment of magistrates other than the chief magistrate; to provide for the renewal of terms for magistrates other than the chief magistrate; to provide for a limit on the number of other magistrates to be appointed other than the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

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

Y Davis Y Dawkins-Haigler
Dempsey Y Dickerson Y Dickey

Heckstall Y Hembree E Henson Y Hightower
Hill

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E

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E Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter
Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman E Collins Y Cooke Y Coomer Y Cooper Y Crawford

E Dickson Y Dobbs
Dollar Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Fludd Y Frazier Y Fullerton Y Gardner Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Morgan Morris
E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix
Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Smith, K Y Smith, L Y Smith, R Y Smith, T E Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A E Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bills, the ayes were 150, nays 0.

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

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

Mr. Speaker:

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

SB 372. By Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of the 4th and Jones of the 10th:

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and

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crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 441. By Senators Crosby of the 13th, Hamrick of the 30th, Grant of the 25th, Ramsey, Sr. of the 43rd and Murphy of the 27th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to establish the offense of unlawful pointing of a laser device at a law enforcement officer; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 448. By Senators Balfour of the 9th, Chance of the 16th, Hill of the 4th, Mullis of the 53rd, Hooks of the 14th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the "Small Business Borrower Protection Act"; to provide for definitions; to provide for recovery limits for debt obligations by successor creditors; to provide for applicability; to require successor creditors to submit the amount paid for a debt during recovery proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 774. By Representatives Holt of the 112th and Williams of the 113th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Morgan County, approved March 25, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3748), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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HB 775. By Representatives Holt of the 112th and Williams of the 113th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, particularly by an Act approved April 4, 2002 (Ga. L. 2002, p. 3741), so as to change the composition and description of the education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 800. By Representatives Hatchett of the 143rd, Yates of the 73rd, Amerson of the 9th, Setzler of the 35th, Holcomb of the 82nd and others:
A BILL to be entitled an Act to amend Code Section 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, so as to change certain qualifications for the position of assistant adjutant general; to repeal conflicting laws; and for other purposes.
HB 976. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4232), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4547), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 977. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," approved March 30, 1993 (Ga. L. 1993, p. 4215), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4541), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under

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Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1000. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved February 10, 2004 (Ga. L. 2004, p. 3501), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1001. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Irwin County, approved February 15, 1993 (Ga. L. 1993, p. 3757), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1009. By Representatives Harden of the 147th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating and establishing a board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4861), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1010. By Representatives Harden of the 147th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act to provide for the election of a chairperson and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3719), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5740), so as to reapportion the education districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States

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Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1031. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4089), so as to change the compensation for the chairperson and members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1063. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Troup County Airport Authority," approved March 23, 1977 (Ga. L. 1977, p. 3387), so as to change the membership of the authority; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 372. By Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of the 4th and Jones of the 10th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 441. By Senators Crosby of the 13th, Hamrick of the 30th, Grant of the 25th, Ramsey, Sr. of the 43rd and Murphy of the 27th:

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A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to establish the offense of unlawful pointing of a laser device at a law enforcement officer; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 448. By Senators Balfour of the 9th, Chance of the 16th, Hill of the 4th, Mullis of the 53rd, Hooks of the 14th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the "Small Business Borrower Protection Act"; to provide for definitions; to provide for recovery limits for debt obligations by successor creditors; to provide for applicability; to require successor creditors to submit the amount paid for a debt during recovery proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives McCall of the 30th, Abrams of the 84th, Stephens of the 164th, Williams of the 4th, and Ramsey of the 72nd.
Pursuant to HR 1545, the House honored the life and memory of Dr. Charles D. Hudson and invited the family of Dr. Charles D. Hudson to be recognized by the House of Representatives.
Pursuant to HR 1544, the House recognized and commended the 2011 Georgia USGA Women's Golf Team on winning the USGA Women's State Team Championship and invited them to be recognized by the House of Representatives.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1544. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending the 2011 Georgia USGA Women's Golf Team on winning the USGA Women's State Team

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Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1545. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th:
A RESOLUTION honoring the life and memory of Dr. Charles D. Hudson and inviting the family of Dr. Charles D. Hudson to be recognized by the House of Representatives; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary:
HB 748. By Representatives Brockway of the 101st, Dempsey of the 13th, Willard of the 49th, McCall of the 30th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Code Section 19-8-23 of the Official Code of Georgia Annotated, relating to adoption records, and Code Section 31-10-14 of the Official Code of Georgia Annotated, relating to issuance of a new birth certificate following adoption, legitimation, or paternity determination, so as to provide for the issuance of a copy of an original birth certificate to certain adult persons who were adopted; to conform a provision sealing records relating to adoptions; to provide for a fee and a waiting period; to provide for the form of such copy; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 541. By Representatives Epps of the 140th, Benton of the 31st, Baker of the 78th, Allison of the 8th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide for the offense of threatening or intimidating a law enforcement officer, public official, or other person relating to such person's involvement in a judicial proceeding; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:

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A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-10-97 of the Official Code of Georgia Annotated, relating to intimidation or injury of grand or trial juror or court officer, so as to prohibit intimidation of law enforcement officers in retaliation for the officer's actions of carrying out his or her official duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-10-97 of the Official Code of Georgia Annotated, relating to intimidation or injury of grand or trial juror or court officer, is amended by revising subsection (a) as follows:
"(a) A person who by threat or force or by any threatening action, letter, or communication:
(1) Endeavors to intimidate or impede any grand juror or trial juror or any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court while in the discharge of such juror's or officer's duties; (2) Endeavors to intimidate or impede any law enforcement officer or his or her immediate family member in retaliation or response to the discharge of such officer's official duties; (2)(3) Injures any grand juror or trial juror in his or her person or property on account of any indictment or verdict assented to by him or her or on account of his or her being or having been such juror; or (3)(4) Injures any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court in his or her person or property on account of the performance of his or her official duties shall, upon conviction thereof, be punished by a fine of not more than $5,000.00 or by imprisonment for not more than 20 years, or both."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson E Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner
Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman E Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler
Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris E Mosby Y Murphy
Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal
Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A
Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 0.

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

Representatives Burns of the 157th, Dempsey of the 13th, and Fullerton of the 151st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 845. By Representatives Watson of the 163rd, Cooper of the 41st, Purcell of the 159th, Ramsey of the 72nd and Lindsey of the 54th:

A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to

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require early care and education programs to provide information on the influenza vaccine; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood N Baker Y Battles N Beasley-Teague Y Bell Y Benfield N Benton Y Beverly Y Black N Braddock N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd N Carson Y Carter N Casas Y Channell Y Cheokas N Clark, J Y Clark, V N Coleman E Collins N Cooke N Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner N Dudgeon Y Dukes N Dunahoo N Dutton
Ehrhart N England Y Epps, C
Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner N Geisinger Y Golick Y Gordon Y Greene N Hamilton
Hanner Y Harbin Y Harden, B N Harden, M N Harrell Y Hatchett N Hatfield Y Heard

Heckstall Y Hembree Y Henson N Hightower N Hill Y Holcomb Y Holmes N Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs N James Y Jasperse N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd
Knight Y Lane Y Lindsey E Long N Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell N Mayo

N McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer
Nix Y Oliver Y O'Neal
Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A N Powell, J
Pruett Y Purcell Y Ramsey
Randall Y Reece
Rice N Riley Y Roberts Y Rogers, C N Rogers, T Y Rynders Y Scott, M N Scott, S N Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R
Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley N Taylor, D Y Taylor, R Y Taylor, T N Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C
Williams, E Y Williams, R
Williamson N Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 115, nays 40.

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

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1587

Representative Fullerton of the 151st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Williamson of the 111th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Collins of the 27th was excused on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 944. By Representative Willard of the 49th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield
Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer
Nix Y Oliver Y O'Neal
Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton
Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites

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Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman E Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Purcell Y Ramsey
Randall Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 159, nays 1.

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

Representatives Fullerton of the 151st and Tankersley of the 158th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 548. By Representative Martin of the 47th:

A BILL to be entitled an Act to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions relative to workers' compensation, so as to provide that individuals who are parties to a franchise agreement shall not be considered employees; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague
Bell Y Benfield Y Benton Y Beverly

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer
Nix Y Oliver

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson

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Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman E Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C E Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson
Yates Ralston, Speaker

On the passage of the Bill, the ayes were 162, nays 0.

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

Representative Fullerton of the 151st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 942. By Representative Willard of the 49th:

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said Code in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to reenact the statutory portions of said Code, as amended; to provide for other matters relating to revision and reenactment of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

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

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E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman E Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey
Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C E Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 161, nays 0.

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

Representative Fullerton of the 151st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 766. By Representatives Benton of the 31st, England of the 108th, Burns of the 157th, Meadows of the 5th, Ramsey of the 72nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of

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American Law and Government displays; to extend the locations in which such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly
Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman E Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C E Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 161, nays 0.

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

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Representative Fullerton of the 151st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative O`Neal of the 146th assumed the chair.

HB 932. By Representatives Williams of the 4th, Dickson of the 6th and Powell of the 29th:

A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to the definition of "nonresident subcontractor," payment of tax by contractors furnishing tangible personal property and services, liability of seller, withholding of payments due subcontractor, rate, bond, exemption of property unconsumed in use, property deemed consumed, and property of the state or of the United States, so as to change the required percentage of withholding payments due a nonresident subcontractor; 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 Atwood
Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner
Geisinger Y Golick

Y Heckstall Y Hembree Y Henson
Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak
Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT Y Waites Y Watson N Welch

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Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C E Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 160, nays 4.

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

Representatives Baker of the 78th 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.

HR 1376. By Representatives Greene of the 149th, Neal of the 1st, Bryant of the 160th, Horne of the 71st and Cheokas of the 134th:

A RESOLUTION authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of certain state owned real property located in Carroll County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; to provide an effective date; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of certain state owned real property located in Bibb County; authorizing the conveyance of certain state owned real property located in Carroll County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by

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exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; authorizing the conveyance of certain state owned real property in Floyd County; authorizing the conveyance of certain state owned real property located in Franklin County; authorizing the conveyance of certain state owned real property located in Habersham County; authorizing the conveyance of certain state owned real property located in Macon County; authorizing the conveyance of certain state owned real property located in Madison County; authorizing the conveyance of certain state owned real property located in McIntosh County; authorizing the conveyance of certain state owned real property located in Mitchell County; authorizing the conveyance of certain state owned real property located in Montgomery County; authorizing the conveyance of certain state owned real property located in Muscogee County; authorizing the conveyance of certain state owned real property located in Quitman County; authorizing the conveyance of certain state owned real property located in Telfair County; authorizing the conveyance of certain state owned real property located in Ware County; authorizing the conveyance of certain state owned real property located in Washington County; authorizing the conveyance of certain state owned real property located in Wayne County; authorizing the conveyance of certain state owned real property located in Whitfield County; to provide an effective date; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Lots 243 and 244 of the 5th District of Baldwin County containing approximately 82 acres and operated as Baldwin State Prison, and all of that tract being in Lot 244 of the 5th District of Baldwin County containing approximately 71 acres operated as Riverbend Prison by The GEO Group, Inc., as described in that 40-year lease with the State of Georgia dated July 30, 2010 ("the lease"), both properties being more particularly described in an aerial drawing on file in the offices of the State Properties Commission entitled "Baldwin State Prison and Riverbend Prison," and which may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described properties are under the custody of the Georgia Department of Corrections; (4) The GEO Group, Inc. is desirous of amending the lease with a nonexclusive appurtenant easement for the term of the lease to construct additional waste-water management equipment on state property in Parcel 1, Land Lot 244, the 5th District at Baldwin State Prison and operate that equipment and system on 0.44 of an acre as described on a utility survey by Thomas & Hutton Consulting dated June 24, 2011, including a sewer line extension, new mechanical bar screen, and a back-up generator;

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(5) The GEO Group, Inc. will provide enhanced waste-water management services at no cost to Baldwin State Prison from that equipment and maintain the equipment for the duration of the lease, and at the end of the lease ownership of the equipment will revert to the state; (6) By resolution dated September 1, 2011, the Georgia Board of Corrections recommended amending the lease to include such a nonexclusive appurtenant easement for the duration of the lease term and provision of enhanced waste-water management service to Baldwin State Prison as consideration of said lease amendment; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 48 and 49 of the Macon Reserve West Land District, Bibb County, and is more particularly described as a total of approximately 3.056 acres in deeds dated January 25, 1994, recorded in Deed Book 2474, Pages 206-212 and December 15, 2000, recorded in Deed Book 4983, Pages 329-336 in the Office of the Clerk of Superior Court of Bibb County, a copy of which is on file as Real Property Record #08493 and #09757 in the offices of the State Properties Commission; (3) The above-described property is in the custody of the Georgia Department of Economic Development and was formerly the Georgia Music Hall of Fame; (4) The Georgia Department of Economic Development currently does not utilize the property and infrastructure comprising the Georgia Music Hall of Fame; (5) The Georgia Department of Economic Development has determined that it will at no time in the future have a use for the property and infrastructure comprising the Georgia Music Hall of Fame; (6) The Corporation of Mercer University, a nonprofit corporation organized and existing under the laws of the State of Georgia, has expressed an interest in acquiring the Georgia Music Hall of Fame for the purposes of school related functions; (7) The Georgia Department of Economic Development declared the Georgia Music Hall of Fame improved property surplus to its needs and authorized the surplusing of this property and sale to the Corporation of Mercer University, a nonprofit corporation organized and existing under the laws of the State of Georgia, for fair market value, as determined by State Properties Commission; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Carroll County, Georgia; (2) Said real property is all those parcels totaling approximately 137.635 acres, being a tract of approximately 1.26 acres lying and being in the 10th District, Land Lot 170 of Carroll County and is more particularly described in a deed recorded in Deed Book 1172, Page 642 in the Office of the Clerk of Superior Court of Carroll County, a copy of which is on file as Real Property Record #09497 in the offices of the State Properties

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Commission, and being a tract of approximately 136.375 acres lying and being in the 10th District, Land Lots 151, 170, and 171 of Carroll County and is more particularly described in a deed recorded in Deed Book 255, Page 283 in the Office of the Clerk of Superior Court of Carroll County, a copy of which is on file as Real Property Record #05271 in the offices of the State Properties Commission ("the property"), and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is under the custody of the Georgia Department of Natural Resources and was the John Tanner State Park; (4) By resolution adopted September 6, 2011, the Carroll County Board of Commissioners requested the conveyance and will maintain the park for public use as a park in the future, and agreed that if the Heritage Preserve designation placed on the property were removed as authorized by the General Assembly, the county would accept conveyance of the property with a conservation easement restricting the property to use as a public park with additional but limited recreational development allowed, and annual monitoring by the state of the conservation easement. The county also agreed that additional consideration would be payoff of remaining general obligation bonds and interest of approximately $76,000.00 and purchase of personal property at the park valued at $1,000.00; (5) On September 28, 2011, the Georgia Board of Natural Resources determined as authorized in Act 232 (2011 House Bill 90) after a public hearing to remove the Heritage Preserve designation and upon conveyance of the property to Carroll County, to accept a conservation easement on the property to free the department of operational costs while ensuring the state's citizens have perpetual access to its outdoor recreational facilities; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Land Lot 470, 7th District of Clinch County, Georgia, hereinafter referred to as the "easement area" and the "conveyance area" at the southwest side of U.S. Highway 441, more particularly described on an engineered drawing as that approximately 0.045 of an acre easement area and that 0.02 of an acre conveyance area as shown highlighted in yellow on that drawing prepared by Georgia Department of Transportation and being Job Title "US Hwy 441 Widening Project No. EDS-441(46) Clinch County," on file in the offices of the State Properties Commission, and may be more particularly described by a survey prepared for the Georgia Department of Transportation and presented to the State Properties Commission for approval; (2) Said property is under the custody of the Georgia Forestry Commission; (3) The Georgia Department of Transportation has requested in a letter dated June 28, 2011, the conveyance of the nonexclusive permanent easement area and the fee simple area solely for the purpose of U.S. Hwy 441 Widening Project No. EDS-441(46) Clinch County; (4) On August 16, 2011, the Georgia Forestry Commission approved a resolution to seek General Assembly approval for fee simple title of the conveyance area and for

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conveyance of the nonexclusive permanent easement area to the Georgia Department of Transportation; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Coffee County, Georgia; (2) Said improved real property is approximately 1.555 acres lying and being in Land Lot 174 of the 6th District in Douglas, Coffee County, as described in that 1993 deed recorded in Deed Book 465, Pages 125-126, and on a plat recorded in Plat Book 69, Page 100 of the Superior Court of Coffee County, and on file in the offices of the State Properties Commission as Real Property Record 10953 ("the property"), and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of the Douglas Poultry Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dade County, Georgia; (2) Said parcel is all that tract or parcel of land lying and being in Land Lot 289 of the 10th District and 4th Section of Dade County containing approximately 0.683 of an acre, being more particularly described in that deed from Dade County, dated May 11, 1959, and recorded by the Clerk of Dade County Superior Court in Deed Book 56, Page 69, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property operated as the Dade County Unit under the custody of the Georgia Forestry Commission until it was destroyed by a tornado on April 28, 2011; (4) Dade County is also the owner of approximately three acres in Land Lots 21 and 22, 18th District, 3rd Section, as described on a survey for the Georgia Forestry Commission on a plat dated July 14, 2011, by surveyor Paul Rogers, Registered Land Surveyor No. 2303, which property was also leased for 25 years to the state on November 23, 2011, for constructing, maintaining, and operating a new Forestry Commission Dade Unit, and as described on the same plat; (5) Dade County approved at its August 4, 2011, meeting the acquisition from the state of the above-described 0.683 of an acre property in exchange for the county conveying to the state the three-acre property now leased to the state; (6) The Georgia Forestry Commission, by resolution dated May 19, 2011, recommended the exchange as described above as being beneficial to the state, and cancellation of the county's 25-year lease on the three acres when the exchange is effected; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dodge County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 22 of the 15th District of Dodge County, Georgia, containing approximately five acres being the same property from Dodge County Post 126 of the American Legion, Department of Georgia, Inc., conveyed by deed on June 28, 1955, to remove a reversionary interest from that deed of August 1, 1954, inventoried as Real Property Records 00470.4 and .3, respectively, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of Eastman Armory, now under the custody of the Department of Defense; (4) The Dodge County Board of Commissioners is desirous of acquiring the abovedescribed property for public purpose; (5) By letter dated December 1, 2011, the Adjutant General stated that the abovedescribed improved property is surplus to the needs of the department and recommended that the above-described property be conveyed to the Dodge County Board of Commissioners for the amount of the outstanding general obligation bonds, to be used for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dougherty County, Georgia; (2) Said real property is approximately 2.103 acres of land located at 701 Gaines Avenue, Albany, in Land Lot 361, first Land District, being the remainder of that property conveyed by deed from the Dougherty County Board of Commissioners on June 9, 1972, as recorded in Deed Book 480, Page 471, after the conveyance of 7.323 acres to the Dougherty County Board of Commissioners by deed dated February 6, 2009, as recorded in Deed Book 3591, Pages 206-211, and Plat Cabinet 1-D, Slide 43-C, and on file in the offices of the State Properties Commission as Real Property Record 05516 and 10605, respectively ("the property"), and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of the Albany Farmers Market, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the Department of Agriculture; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Dougherty County, Georgia;

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(2) Said real property is all that tract or parcel lying and being in Land Lot 361 of the 1st District of Dougherty County and containing approximately 0.068 of one acre to be conveyed along U.S. Route 19, Albany, Georgia, more particularly described as that area highlighted in yellow on a January 6, 2011, drawing entitled "R/W ACQUISITION PLAT, ALBANY TECH. COLLEGE, SLAPPEY BLVD ENTRANCE" in Dougherty County, Project Number 08-6182, and being on file in the offices of the State Properties Commission; and may be more particularly described on a plat of survey prepared by Cary F. Reed, Georgia Registered Land Surveyor No. 2896, and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Technical College System of Georgia; (4) The Georgia Department of Transportation is improving the road as a part of Project 08-6182, Dougherty County; (5) The Georgia Department of Transportation requires that the above-described property be owned in the name of the Georgia Department of Transportation and will acquire the property from the state for consideration of satisfying project requirements of the construction of a deceleration lane with federal funds that benefits the state by improving ingress and egress safety to the site; (6) The State Board of the Department of Technical and Adult Education, at its meeting of March 3, 2011, authorized the conveyance of the above-described properties to Georgia Department of Transportation; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Floyd County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lots 161, 200, 201 of the 23rd Section 3rd District and containing approximately 132.502 acres, as more particularly described on a survey titled "Survey for State of Georgia, Total Area in Subdivision 164.577 Acres, Northwest Regional Campus 132.502 Acres", dated January 20, 2012, by J. B. Faircloth and Associates, Georgia Registered Land Surveyor No. 2120, and being on file in the offices of the State Properties Commission; and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities and was known as the Northwest Regional Hospital ("the property"); (4) The Department of Behavioral Health and Developmental Disabilities has declared this property surplus to its needs and closed the hospital September 30, 2011; (5) The Georgia Board of Behavioral Health and Developmental Disabilities on October 17, 2011, authorized the surplusing of this property and conveyance by competitive bid or to a local government or state entity, for fair market value, as determined by the State Properties Commission; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Franklin County, Georgia; (2) Said improved real property is approximately 0.998 of an acre located at 159 Maulding Road (Georgia Highway 145), Franklin County, Georgia, lying and being in the 264th Georgia Militia District in the City of Carnesville as described in that 1996 deed recorded in Deed Book 342, Pages 61-63, and Plat Book 22, Page 330 of the Superior Court of Franklin County, and on file in the offices of the State Properties Commission as Real Property Record 08990 ("the property"), and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of the Carnesville Poultry Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Habersham County, Georgia; (2) Said real property is approximately 0.11 of an acre located at 800 North Main Street, Cornelia, in Habersham County, Georgia, containing approximately 0.09 of an acre (lying and being in the City of Cornelia Lot 3, Block A of the J.C. Rudisill Subdivision of Level Ridge Circle) and 0.02 of an acre (Land Lot 149 of the 10th Land District, being 10 by 90 odd feet off of the southern part of Lot 4 of Block A of the same subdivision), respectively, and on file in the offices of the State Properties Commission as Real Property Record 00722 and 00721, respectively ("the property"), and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of the Cornelia Entomology Lab or Poultry Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Macon County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the Industrial Park located within the city limits of Montezuma, Macon County, Georgia, containing 1.00 acre and being further described according to that plat of survey entitled "Survey for the City of Montezuma" dated April 27, 1994, and prepared by Kenneth Earl Dunmon, Georgia Registered Land Surveyor No. 1526, and being recorded in Plat Book 14, Page 37 and being on file in the Clerk's Office, Macon County Superior Court, and is more particularly described as that approximately 1.00 acres as described in that deed dated

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October 4, 1994, and being found in Deed Book 128, Pages 271-272 in the Office of the Clerk of Superior Court of Macon County, a copy of which is on file as Real Property Record #08578 in the offices of the State Properties Commission; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Montezuma Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Madison County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 204 of Madison County and is more particularly described as a total of approximately 0.65 of an acre in two parcels (0.37 and 0.28 of an acre) on a plat of survey dated April 7, 1981, recorded in Plat Book 21, Page 3, and the approximately 0.37 of an acre parcel being recorded in a deed dated June 7, 1955, in Deed Book U-3, Page 363 in the Office of the Clerk of Superior Court of Madison County, a copy of which is on file as Real Property Record #04444 in the offices of the State Properties Commission, and the 0.28 of an acre parcel being recorded in a deed dated April 7, 1981, in Deed Book A-7, Folio 421-423 in the Office of the Clerk of Superior Court of Madison County, a copy of which is on file as Real Property Record #07025 in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is under the custody of the Georgia Forestry Commission and was the Madison Sub-Unit; (4) The Georgia Forestry Commission has determined that a building constructed in 1971 on the property has outlived its economic life, and that closing the Madison SubUnit will result in budgetary savings with minimal impact of service to the county, and on February 15, 2011, declared the improved property surplus to its needs; (5) Madison County conveyed the property to the state for $1.00 and is desirous of acquiring the property from the state for $10.00 with the stipulation that the property be used for public purpose, and the county is willing to be responsible for the operating costs, maintenance, and needed facility renovations, and to allow the Georgia Forestry Commission to keep personnel and equipment at that location at no cost other than those associated with the Georgia Forestry Commission's personnel and fire equipment; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in McIntosh County, Georgia;

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(2) Said real property is all that parcel or tract lying and being in Georgia Militia District 271 of McIntosh County and is more particularly described as a total of approximately 46.5 acres in two parcels (44.5 acres acquired on February 23, 1996, and 2 acres for access acquired on February 28, 1996) on a plat of surveys recorded in Plat Cabinet 1, Slide 85-A and Plat Cabinet 1, Page 82-M, respectively, and which are on file as Real Property Records #09137 and 09135, respectively ("the property") in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is under the custody of the Georgia Department of Juvenile Justice and was the McIntosh Youth Development Center; (4) The Board of Juvenile Justice has determined that closing the McIntosh Youth Development Center will result in budgetary savings with improved service, outstanding general bonds and debt service remains on the property, and on December 8, 2011, declared the improved property surplus to its needs and does not object to it being surplused to the Coastal Regional Commission; (5) The Coastal Regional Commission is a state entity; (6) The Coastal Regional Commission on November 16, 2011, authorized an acquisition or lease of the property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 356 of the 10th District, Mitchell County, Georgia, and being made up of approximately 1.50 acres in a deed dated December 29, 1994, recorded in Deed Book 400, Pages 106-108 in the Office of the Clerk of Superior Court of Mitchell County, a copy of which is on file as Real Property Record #10961 in the offices of the State Properties Commission, and as described on a plat dated June 6, 1994, and revised June 21, 1994, prepared for the Development Authority of the City of Camilla by Larry W. Grogan, Georgia Registered Land Surveyor No. 1649, a copy of which is recorded in Plat Book 24, Page 207 in the Office of the Clerk of Superior Court of Mitchell County; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Camilla Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Montgomery County, Georgia;

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(2) Said real property is all that parcel or tract lying and being in Georgia Militia District 1757 of Montgomery County and is more particularly described as a total of approximately 1.5 acres on a plat of survey dated October 19, 1956, recorded in Deed Book 46, Page 248, and recorded originally in a deed with reversionary clause dated October 20, 1956, in Deed Book 46, Pages 249-250, and in a deed dated December 14, 1962, in which the reversionary clause was removed, recorded in Deed Book 51, Page 264 in the Office of the Clerk of Superior Court of Montgomery County, a copy of which is on file as Real Property Records #00987.01 and 00987.02 in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is under the custody of the Georgia Forestry Commission and was the Montgomery Sub-Unit; (4) The Georgia Forestry Commission has determined that a building constructed in 1971 on the property has outlived its economic life, and that closing the Montgomery Sub-Unit will result in budgetary savings with minimal impact of service to the county, and on June 24, 2010, declared the improved property surplus to its needs; (5) Montgomery County is desirous of acquiring the property from the state for $10.00 with the stipulation that the property only be used for public purpose, and the county is willing to be responsible for the operating costs, maintenance, and needed facility renovations, and to allow the GFC to keep personnel and equipment at that location at no cost other than those associated with the Georgia Forestry Commission's personnel and fire equipment; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 59 of the 9th District of Muscogee County and containing approximately 0.054 of one acre to be conveyed at the intersection of Transport Boulevard and Cargo Drive, Columbus, Georgia, as more particularly described as that area highlighted in yellow on a May 6, 2009, drawing entitled "MAINLINE PLAN, CARGO DRIVE AT TRANSPORT BOULEVARD" in Muscogee County, Drawing Number 13-02, Project Number PRC 105008-00(525), and being on file in the offices of the State Properties Commission; and may be more particularly described on an engineered drawing prepared by Jordon Jones & Goulding, and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Technical College System of Georgia; (4) The Columbus Consolidated Government is improving the road as a part of Project PRC 10-5008-00(525), Muscogee County; (5) The Columbus Consolidated Government requires that the above-described property be owned in the name of the Columbus Consolidated Government and will acquire the property from the state for consideration of improving ingress and egress safety to the site by constructing a traffic circle;

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(6) The State Board of the Technical College System of Georgia, at its meeting of June 2, 2011, authorized the conveyance of the above-described properties to the Columbus Consolidated Government; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Quitman County, Georgia; (2) Said real property is all that parcel or tract lying and being on the south lot line of Lot 224, 21st District, Quitman County, and is more particularly described as a total of approximately 1.01 acres on a plat of survey recorded in Plat Book 1, Page 24, and which is on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is under the custody of the Georgia Forestry Commission and was the Quitman County office of the Stewart Sub-Unit; (4) The Georgia Forestry Commission on October 29, 2011, declared the property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Telfair County, Georgia; (2) Said real property is all that tract located in Land Lot 46, 9th District, City of Milan, Telfair County, Georgia, and is more particularly described on that drawing by Georgia Department of Corrections Engineering Services and Technical Support titled "Telfair County - Milan State Prison Properties" dated December 30, 2008, depicting Parcels A (approximately 0.835 of an acre), B (approximately 1.071 acre), and C (approximately 0.320 of an acre), totaling approximately 2.226 acres, on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Milan State Prison has now outlived its intended use and Parcels A, B, and C are under the custody of the Department of Corrections; (4) Milan State Prison was declared surplus by the Board of Corrections on January 6, 2009; (5) By resolution dated August 1, 2011, the City of Milan has agreed to purchase the three parcels for $10,000.00; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Ware County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 168 of the 8th District of Ware County and containing approximately 0.009 of one acre to be conveyed along the corner of Carswell Avenue and George Street, Waycross, Georgia, as more

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particularly described as that area highlighted in red on a September 30, 2011, drawing entitled "Proposed Property Acquisition for George Street Improvements" prepared by the Engineering Division of the City of Waycross, Ware County, Georgia, and being presented to the State Properties Commission for approval; (3) Said property is under the custody of the Technical College System of Georgia; (4) The City of Waycross is improving the road as a part of a Department of Transportation Local Maintenance and Improvement Grant (LMIG); (5) The City of Waycross requires that the above-described property be owned in the name of the City of Waycross and will acquire the property from the state for consideration of improving traffic safety, turning radius, and storm-water drainage; (6) The State Board of the Technical College System of Georgia, at its meeting of November 1, 2011, authorized the conveyance of the above-described properties to the City of Waycross; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Washington County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the City of Sandersville facing north on Highway 242, containing approximately 2.583 acres as described in that deed dated November 1, 1955, inventoried as Real Property Record 01410, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of Sandersville Armory, now under the custody of the Department of Defense; (4) The City of Sandersville is desirous of acquiring the above-described property for public purpose, including government functions either directly provided by the City or contracted to/through the city for such public use; (5) By letter dated December 1, 2011, the Adjutant General stated that the abovedescribed improved property is surplus to the needs of the department, that there are no outstanding general obligation bonds on this project, and recommended conveyance to the City of Sandersville to be used for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Wayne County, Georgia; (2) Said real property is all that parcel or tract lying and being Tracts 1 and 2 on a plat dated July 15, 1949, prepared by G. M. Harrington, C. E., Wayne County, and is more particularly described as that approximately 1.6787 acres and 4.875 acres as described in that deed dated October 4, 1949, and being found in Deed Book 65, Pages 97-100 in the Office of the Clerk of Superior Court of Wayne County, a copy of which is on file as Real Property Record #01411 in the offices of the State Properties Commission;

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(3) Said property is under the custody of the Georgia Department of Agriculture and was known as Jesup Farmers Market, District Office, and associated buildings; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 144 of the 12th District, Whitfield County, Georgia, and being made up of approximately 0.55 of one acre in a deed dated August 19, 1997, recorded in Deed Book 2879, Pages 200202 in the Office of the Clerk of Superior Court of Whitfield County, a copy of which is on file as Real Property Record #09097 in the offices of the State Properties Commission, and as described on a survey prepared for Whitfield County by Allied Surveying, Inc., more particularly Donald O. Babb, Georgia Registered Land Surveyor No. 2029, a copy of which is recorded in Plat Cabinet C, Slide 1579, in the Office of the Clerk of Superior Court of Whitfield County; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Dalton Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described real property in Baldwin County and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to amend the lease with a nonexclusive appurtenant easement for the duration of the lease term to construct and operate on 0.44 of an acre as described above a wastewater management system for use by Riverbend Prison, and at no cost to this state additional use by Baldwin State Prison for the term of the lease, and such further terms

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and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.
SECTION 4. That the amended lease shall be recorded by The GEO Group, Inc., as lessee in the Superior Court of Baldwin County, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 5. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.
ARTICLE II SECTION 6.
That the State of Georgia is the owner of the above-described real property in Bibb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 7. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for a consideration of the fair market value and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 8. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 10. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 11. That custody of the above-described property interest shall remain in the Georgia Department of Economic Development until the property is conveyed.
ARTICLE III SECTION 12.
That the State of Georgia is the owner of the above-described real property in Carroll County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 13. That the above-described property may be conveyed to the Carroll County Board of Commissioners by the State Properties Commission with the Heritage Preserve designation removed as requested by the department and authorized by the General Assembly in Act 232 and recorded in the Clerk of Superior Court of Carroll County, and a conservation easement restricting the property to use as a public park with additional but limited recreational development allowed, and annual monitoring by the state of the conservation easement. If in the future the county determines that it is in the best interest of the county or local government, fee simple title to the property may, if authorized by the department and the State Properties Commission, revert back to the state. Additional consideration by the county would be payment of currently remaining general obligation bonds and interest on the property and purchase of personal property at the park. The conveyance will be by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 14. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 16. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 17. That custody of the above-described property interest shall remain under the Georgia Department of Natural Resources until the property is conveyed.
ARTICLE IV SECTION 18.
That the State of Georgia is the owner of the above-described real properties located in Clinch County and that in all matters relating to the granting of the nonexclusive easement on the real property easement area and of the conveyance of the conveyance area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 19. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such nonexclusive easement and such fee simple conveyance by appropriate instruments for the State of Georgia, including the execution of all necessary documents.
SECTION 20. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the purpose of the US Highway 441 widening project. That, after the Georgia Department of Transportation has put into use the road improvements this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the road improvements shall become the property of the State of Georgia, or its successors and assigns.
SECTION 21. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation.
SECTION 22. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with this state's use or intended use of the easement area, it may grant a substantially

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equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Department of Transportation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quit claim deed this state's interest in the former easement area.
SECTION 23. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 24. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 25. That the consideration for such easement and such conveyance shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 26. That the nonexclusive easement and the conveyance deed shall be recorded by the Georgia Department of Transportation in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 27. That the authorization to issue the above-described documents shall expire three years after the date this resolution becomes effective.
SECTION 28. That custody of the above-described property interest shall remain under the Georgia Forestry Commission until the property is conveyed.
ARTICLE V SECTION 29.
That the State of Georgia is the owner of the above-described property in Coffee County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 30. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 31. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 32. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 33. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 34. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.
ARTICLE VI SECTION 35.
That the State of Georgia is the owner of the above-described real property in Dade County and that in all matters relating to the exchange of the real property, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 36. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above-described 0.683 of an acre property to Dade County in exchange for Dade County conveying to the State of Georgia the three-acre property and cancellation of the lease on the three acres; and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 37. That the authorization in this resolution to convey the above-described easement shall expire three years after the date this resolution becomes effective.
SECTION 38. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 39. That the exchanged deeds for these properties shall be recorded by the county in the Superior Court of Dade County and a recorded copy of each deed shall be forwarded to the State Properties Commission.
SECTION 40. That the above-described 0.683 of an acre property shall remain under the custody of the Georgia Forestry Commission until that property is conveyed.
ARTICLE VII SECTION 41.
That the State of Georgia is the owner of the above-described real property in Dodge County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 42. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Dodge County Board of Commissioners for a consideration of $10.00, so long as the property is used for public purpose, and payment of applicable outstanding general obligation bonds and interest, or by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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SECTION 43. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 45. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dodge County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 46. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.
ARTICLE VIII SECTION 47.
That the State of Georgia is the owner of the above-described property in Dougherty County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 48. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 49. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 50. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 51. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 52. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.
ARTICLE IX SECTION 53.
That the State of Georgia is the owner of the above-described real property in Dougherty County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 54. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission as a sale to the Georgia Department of Transportation for the fair market value and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 55. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 56. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 57. That the deed of conveyance shall be recorded by the Georgia Department of Transportation as grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 58. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.
ARTICLE X SECTION 59.
That the State of Georgia is the owner of the above-described real property in Floyd County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 60. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid or to a local government or state entity for a consideration of the fair market value and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 61. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 62. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 63. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 64. That custody of the above-described property interest shall remain under the Department of Behavioral Health and Developmental Disabilities until the property is conveyed.
ARTICLE XI SECTION 65.
That the State of Georgia is the owner of the above-described property in Franklin County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 66. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 67. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.

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SECTION 68. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 69. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Franklin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 70. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.
ARTICLE XII SECTION 71.
That the State of Georgia is the owner of the above-described property in Habersham County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 72. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 73. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 74. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 75. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 76. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.

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ARTICLE XIII SECTION 77.
That the State of Georgia is the owner of the above-described real property in Macon County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 78. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 79. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 80. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 81. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Macon County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 82. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.
ARTICLE XIV SECTION 83.
That the State of Georgia is the owner of the above-described real property in Madison County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 84. That the above-described property may be conveyed to Madison County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for $10.00 with public purpose use, and such further consideration and

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provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 85. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 86. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 87. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Madison County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 88. That custody of the above-described property interest shall remain under the Georgia Forestry Commission until the property is conveyed.
ARTICLE XV SECTION 89.
That the State of Georgia is the owner of the above-described real property in McIntosh County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 90. That the above-described property may be leased or conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to a local government or state entity, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 91. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 92. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 93. That the deed of conveyance shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 94. That custody of the above-described property interest shall remain under the Department of Juvenile Justice until the property is conveyed.
ARTICLE XVI SECTION 95.
That the State of Georgia is the owner of the above-described real property in Mitchell County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 96. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 97. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 98. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 99. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 100. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.

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ARTICLE XVII SECTION 101.
That the State of Georgia is the owner of the above-described real property in Montgomery County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 102. That the above-described property may be conveyed to Montgomery County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for $10.00 with public purpose use, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 103. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 105. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Montgomery County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 106. That custody of the above-described property interest shall remain under the Georgia Forestry Commission until the property is conveyed.
ARTICLE XVIII SECTION 107.
That the State of Georgia is the owner of the above-described real property in Muscogee County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 108. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission as a sale to the Columbus Consolidated Government for the fair market value and such further

TUESDAY, FEBRUARY 28, 2012

1621

consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 109. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 110. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 111. That the deed of conveyance shall be recorded by the Columbus Consolidated Government as grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 112. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.
ARTICLE XIX SECTION 113.
That the State of Georgia is the owner of the above-described real property in Quitman County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 114. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 115. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 116. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 117. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Quitman County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 118. That custody of the above-described property interest shall remain under the Georgia Forestry Commission until the property is conveyed.
ARTICLE XX SECTION 119.
That the State of Georgia is the owner of the above-described Telfair County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 120. That the above-described approximately 2.226 acres of real property may be conveyed to the City of Milan for the fair market value consideration of $10,000.00, or by competitive bid or to a local government or state entity for a consideration of the fair market value and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 121. That the authorization in this resolution to sell the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 122. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 123. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Telfair County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 124. That custody of the above-described properties shall remain under the Department of Corrections until the property is conveyed.

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ARTICLE XXI SECTION 125.
That the State of Georgia is the owner of the above-described real property in Ware County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 126. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission to the City of Waycross for $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 127. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 128. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 129. That the deed of conveyance shall be recorded by the City of Waycross as grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 130. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.
ARTICLE XXII SECTION 131.
That the State of Georgia is the owner of the above-described real property in Washington County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 132. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the City of Sandersville for a consideration of $10.00, so long as the property is used for public

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purpose, and payment of the amount of applicable outstanding general obligation bonds and interest on the property.
SECTION 133. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 134. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 135. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 136. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.
ARTICLE XXIII SECTION 137.
That the State of Georgia is the owner of the above-described real property in Wayne County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 138. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 139. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 140. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 141. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Wayne County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 142. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.
ARTICLE XXIV SECTION 143.
That the State of Georgia is the owner of the above-described real property in Whitfield County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 144. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 145. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective.
SECTION 146. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 147. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 148. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.

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ARTICLE XXV SECTION 149.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 150. That all laws and parts of laws in conflict with this resolution are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner
Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C E Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

TUESDAY, FEBRUARY 28, 2012

1627

On the adoption of the Resolution, by substitute, the ayes were 162, nays 0.

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

HB 1082. By Representative Houston of the 170th:

A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of the Magistrate Court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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 Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter N Casas
Channell Y Cheokas Y Clark, J
Clark, V Coleman N Collins

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner
Dudgeon Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M

Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson N Hugley Y Jackson Y Jacobs
James N Jasperse
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long
Maddox, B Y Maddox, G Y Manning

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy N Neal, J
Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Rice Y Riley Y Roberts N Rogers, C E Rogers, T

Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer N Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T N Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E

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Y Cooke N Coomer
Cooper Y Crawford

N Harrell Hatchett
N Hatfield Y Heard

Y Marin Martin
E Maxwell Y Mayo

Y Rynders Y Scott, M N Scott, S Y Setzler

N Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 137, nays 16.

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

Representative Nix of the 69th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker Pro Tem assumed the Chair.

HB 933. By Representatives Rogers of the 26th, Williams of the 4th and Brockway of the 101st:

A BILL to be entitled an Act to amend Code Section 10-14-7 of the Official Code of Georgia Annotated, relating to preneed escrow accounts, so as provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner
Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson
Jones, J Y Jones, S

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas

TUESDAY, FEBRUARY 28, 2012

1629

Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper Y Crawford

Y Fullerton Y Gardner
Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B
Maddox, G Y Manning Y Marin Y Martin E Maxwell Y Mayo

Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson
Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 160, nays 0.

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

Due to a mechanical malfunction, the vote of Representative Maddox of the 172nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 986. By Representatives Hembree of the 67th, Smith of the 131st, Maxwell of the 17th, Meadows of the 5th and Dollar of the 45th:

A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that 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.

Representative Sims of the 169th moved that HB 986 be recommitted to the Committee on Rules.

Representative Sims of the 169th withdrew his motion.

Representative Hembree of the 67th moved that HB 986 be recommitted to the Committee on Insurance.

The motion prevailed.

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HB 900. By Representative Rice of the 51st:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles, to help prevent trailer theft by persons seeking to sell stolen trailers for scrap metal; 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 Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman E Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J Y Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin E Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

TUESDAY, FEBRUARY 28, 2012

1631

On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Epps of the 140th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The Speaker announced the House in recess until 1:30 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker Pro Tem called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1614. By Representative Waites of the 60th:
A RESOLUTION commending Dr. Mitzi L. Bickers and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 1615. By Representative Waites of the 60th:
A RESOLUTION commending the Forest Park Teen Council and inviting its members to be recognized by the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 1613. By Representative Hatfield of the 177th:
A RESOLUTION recognizing and commending the Georgia Association of Chiefs of Police's 2011-2012 Chief of the year, Anthony Turner; and for other purposes.
HR 1616. By Representatives Holt of the 112th, Amerson of the 9th and Epps of the 140th:
A RESOLUTION recognizing February 29, 2012, as Georgia Academy of Audiology Day at the capitol; and for other purposes.
HR 1617. By Representatives Dickey of the 136th, Peake of the 137th, Epps of the 140th, Beverly of the 139th, Randall of the 138th and others:
A RESOLUTION honoring the life and memory of Albert Phillips Reichert; and for other purposes.
HR 1618. By Representatives Dickey of the 136th, Peake of the 137th, Epps of the 140th, Beverly of the 139th, Randall of the 138th and others:
A RESOLUTION honoring the life and memory of Elizabeth Walton Bowen "Chunk" Reichert; and for other purposes.

TUESDAY, FEBRUARY 28, 2012

1633

HR 1619. By Representatives Purcell of the 159th, Maxwell of the 17th and Roberts of the 154th:
A RESOLUTION commending American Bikers Active Toward Education and recognizing February 29, 2012, as Bikers Day at the capitol; and for other purposes.
HR 1620. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Mr. Matthew Charles Cardinale; and for other purposes.
HR 1621. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Sharonda Wright; and for other purposes.
HR 1622. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Zina Age; and for other purposes.
HR 1623. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Verdaillia Turner; and for other purposes.
HR 1624. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Master Sergeant Angela D. Drew; and for other purposes.
HR 1625. By Representative Hembree of the 67th:
A RESOLUTION recognizing and commending Mr. Leonard Santangelo; and for other purposes.
HR 1626. By Representatives Hill of the 21st, Ralston of the 7th, O`Neal of the 146th, Byrd of the 20th, Wilkinson of the 52nd and others:
A RESOLUTION commending the Civil Air Patrol for their service to the citizens of Georgia and recognizing March 7, 2012, as Civil Air Patrol Day at the capitol; and for other purposes.

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HR 1627. By Representative Abdul-Salaam of the 74th:
A RESOLUTION honoring the life and memory of honorable Riverdale City Councilman Wayne Franklin Hall; and for other purposes.
HR 1628. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th and Scott of the 76th:
A RESOLUTION recognizing and commending Chief Samuel F. Patterson; and for other purposes.
HR 1629. By Representatives Abdul-Salaam of the 74th, Frazier of the 123rd, Jordan of the 77th and Waites of the 60th:
A RESOLUTION honoring and commending Irma Braswell-Battle; and for other purposes.
HR 1630. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Scott of the 76th and Waites of the 60th:
A RESOLUTION commending and recognizing Jessie Goree; and for other purposes.
HR 1631. By Representative Spencer of the 180th:
A RESOLUTION commending the Camden County High School wrestling team on their Class AAAAA State Championship; and for other purposes.
HR 1632. By Representatives Dickey of the 136th, Holmes of the 125th and Epps of the 140th:
A RESOLUTION honoring and celebrating the 21st birthday of Marjie Martin Dickey; and for other purposes.
HR 1633. By Representative Dickey of the 136th:
A RESOLUTION commending Shelby Giles, Crawford County High School's 2012 STAR Student; and for other purposes.
HR 1634. By Representatives Coleman of the 97th, Casas of the 103rd and Riley of the 50th:

TUESDAY, FEBRUARY 28, 2012

1635

A RESOLUTION recognizing and commending Brenden Laible; and for other purposes.
HR 1635. By Representatives Lindsey of the 54th, O`Neal of the 146th, Abrams of the 84th, Hugley of the 133rd, Jones of the 46th and others:
A RESOLUTION recognizing and commending David Lamar Oglesby; and for other purposes.
HR 1636. By Representative Brooks of the 63rd:
A RESOLUTION recognizing and commending Mr. Larry Stone on the occasion of his retirement; and for other purposes.
HR 1637. By Representative Spencer of the 180th:
A RESOLUTION commending James Sparks, Camden County High School's 2012 STAR Teacher; and for other purposes.
HR 1638. By Representative Spencer of the 180th:
A RESOLUTION commending Matthew Ledel, Camden County High School's 2012 STAR Student; and for other purposes.
HR 1639. By Representative Watson of the 163rd:
A RESOLUTION honoring the life and memory of Stuart Frederick Sligh, Jr.; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 692. By Representative Mitchell of the 88th:
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 the automatic decrease in the salary of a teacher or other certificated professional personnel for any salary increase or bonus provided based, in whole or in part, on the results of standardized test scores which were falsified or known or caused to be falsified by such teacher or professional; 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 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 the automatic decrease in the salary of a teacher or other certificated professional personnel for any salary increase or bonus provided based, in whole or in part, on the results of standardized test scores which were falsified or known or caused to be falsified by such teacher or professional; 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 by revising subsection (c) of Code Section 20-2210, relating to annual performance evaluations of personnel employed by local education units for purposes of quality basic education, as follows:
"(c)(1) In making a determination of the academic gains of the students assigned to a teacher, evaluators should make every effort to have available and to utilize the results of a wide range of student achievement assessments, including those utilized by the teacher, set by the local board of education, or required under this article. It is recognized that in some instances a determination of the academic gains of the students assigned to a teacher is dependent upon student assessments which have not yet been administered at the time of the annual evaluation or, if they have been administered, the results of which are not yet available at the time of the annual evaluation. In such instances, the annual teacher evaluation shall be performed on the basis of information available at the time and shall be considered as the annual evaluation for the purposes of this article. As results of student assessments subsequently become available, an addendum to the annual evaluation shall be completed and become part of the teacher's cumulative evaluative record which may be used in a teacher's subsequent annual evaluations. (2) A teacher or other certificated professional personnel's salary increase or bonus that is based in whole or in part on an evaluation which included student assessment results, standardized test scores, or standardized test answers that were falsified by such teacher or professional or known or caused by such teacher or professional to have been falsified shall be automatically forfeited. A teacher or other certificated professional personnel shall forfeit his or her right or interest in such salary increase or bonus and shall be liable for the repayment of any and all amounts previously paid to him or her based, in whole or in part, on the results of falsified student assessment results, falsified standardized test scores, or falsified standardized test answers."

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

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

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

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

Y Abdul-Salaam Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas
Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey E Dickson
Dobbs Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Frazier Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Hembree Henson
Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs
James Y Jasperse
Jerguson E Johnson
Jones, J Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver O'Neal Y Pak Y Parent Y Parrish Y Parsons Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Setzler

Y Shaw Y Sheldon
Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Talton E Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 2.

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

Representatives Channell of the 116th, Dobbs of the 53rd, Peake of the 137th, and Setzler of the 35th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Beasley-Teague of the 65th was excused on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 1146. By Representatives McCall of the 30th, Carter of the 175th, Hatchett of the 143rd and Collins of the 27th:

A BILL to be entitled an Act to amend Titles 34 and 49 of the Official Code of Georgia Annotated, relating to labor and industrial relations and social services, respectively, so as to create the Georgia Vocational Rehabilitation Services Board; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Georgia Vocational Rehabilitation Agency; to provide for property and reserve funds of such industries; to provide for compensation of workers in such industries; to specifically reserve certain laws and amend various other provisions of the Official Code of Georgia Annotated so as to conform related crossreferences; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway

Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson
Dobbs N Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes N Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell
Morgan Morris Y Mosby Y Murphy Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parent

Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre E Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton E Tankersley Y Taylor, D

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1639

Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

Y Evans Y Floyd N Fludd Y Frazier E Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield N Heard

Jerguson E Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning Y Marin N Martin Y Maxwell Y Mayo

Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S
Setzler

N Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 140, nays 16.

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

Representatives Dobbs of the 53rd, Neal of the 1st, and Setzler of the 35th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Fullerton of the 151st was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 456. By Representatives Byrd of the 20th, Hill of the 21st, Braddock of the 19th, Jerguson of the 22nd, Sheldon of the 105th and others:

A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; 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 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 their responsiveness to the needs of the citizens of this state.
50-4-21. (a) There is created as a joint committee of the General Assembly the Legislative Sunset Advisory Committee to be composed of seven members of the House of Representatives appointed by the Speaker of the House and seven members of the Senate appointed by the President of the Senate. One of the appointees appointed by the Speaker of the House shall be a Governor's floor leader in the House of Representatives and one of the members appointed by the President of the Senate shall be a Governor's floor leader in the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. A cochairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and a cochairperson of the committee shall be

TUESDAY, FEBRUARY 28, 2012

1641

appointed by the Speaker of the House from the membership of the committee. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. The cochairpersons shall each be authorized to appoint no more than two ex officio members of the committee. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall advise the General Assembly regarding the agency sunset provisions required by this article. (b) The Senate and the House of Representatives, in cooperation with the office of the Governor, may each employ staff to work for the cochairpersons of the committee on matters related to committee activities. (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 or office shall assist the committee. The committee or its designated staff member may inspect, review, and copy the records, documents, and files of any state agency that are subject to public disclosure. All information subject to public disclosure shall be made available for review and copying within three business days.
50-4-22. (a)(1) The Legislative Sunset Advisory 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 state agencies. It shall be the responsibility of the Legislative Sunset Advisory Committee to schedule agency reviews. The Legislative Sunset Advisory Committee shall have the discretion to add any agency to the review schedule or to modify an agency's scheduled review. (2) This article shall not apply to any state entity to which state funds are not appropriated in an appropriations Act.
(b) Except as provided by this Code section, an agency subject to review by the Legislative Sunset Advisory Committee shall be automatically abolished on the oneyear anniversary of the committee's decision recommending that such agency be abolished; provided, however, that no agency shall be abolished unless or until the General Assembly finds by adoption of a joint resolution that the state laws that 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, real property, debts, and obligations, including those relating to bonds, loans, promissory notes, leasepurchase 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) If the General Assembly does not take action to continue an agency before the date of its abolishment, the agency shall submit its legislative budget request consistent with

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the recommendations of the review of the Legislative Sunset Advisory Committee or any law transferring the agency's functions to other entities. (d) Any agency established by constitutional provision shall not be subject to automatic abolishment as provided in subsection (a) of this Code section. The committee shall review the constitutionally established agency in the same manner and shall report to the General Assembly any recommended constitutional amendments needed for the reorganizing or abolishing of such constitutionally created agency. (e) Any board, commission, advisory council, or similar body included in the term 'agency' as defined in Code Section 50-4-1 that 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. The committee shall give public notice of any proposed legislation not later than the first day of December of the year preceding its introduction. (f) Except as otherwise expressly provided by law, abolition 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 abolition.
50-4-23. (a) Not later than six months prior to the date on which a state agency is scheduled to be reviewed, the agency shall provide the Legislative Sunset Advisory 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 appropriated to and spent by the agency; (3) An explanation of factors that have contributed to any failure to achieve legislated standards or directives; (4) The extent to which the agency has encouraged participation by the public in making its rules and decisions and the extent to which public participation has resulted in rules compatible with the objectives of the agency; (5) A statement of any statutory objectives intended for each program and activity, the problem or need that the program or activity is 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 eliminated, reorganized, privatized, or consolidated with those of other agencies;

TUESDAY, FEBRUARY 28, 2012

1643

(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 that would reduce costs or improve performance while adequately protecting the public interest; (11) An assessment of the agency and its programs to determine whether the agency or its programs should be eliminated, reorganized, privatized, or consolidated; (12) A detailed summary of the agency's hiring and retention patterns for the previous five years; (13) 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; (14) A list of all advisory committees and boards of the agency, 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; (15) A list of agency programs or functions that are performed without specific statutory authority; (16) Copies of any program audits, performance audits, and any other reports provided by the state auditor; (17) A list and summary of all litigation in which the agency is engaged and the status of such cases, including assessments of any financial liability to which they expose the state; and (18) 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) Not later than six months following receipt of the agency's report required by Code Section 50-4-23, the Legislative Sunset Advisory Committee shall complete its review of the agency. When conducting its agency review the committee shall:
(1) Review the information submitted by the agency; (2) Consult with or hear testimony from any individual, agency, private company, or other expert as needed; (3) Hold public hearings to consider this information as well as testimony that the committee deems necessary; and

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(4) Present to the President of the Senate, the Speaker of the House of Representatives, and the Governor a report on the agencies scheduled to be reviewed that year by the committee. In the report, the committee shall include its specific findings and recommendations regarding each agency review and indicate whether a public need exists for the continuation of a state agency or for the functions of the 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 extent to which the agency is reasonably deemed to be a core or essential function of state government under the provisions of the Constitution of Georgia; (11) The effect of probable federal intervention or loss of federal funds if the agency or an agency function is abolished; and (12) 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 on an agency, 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 shall also make recommendations on the elimination, privatization, consolidation, transfer, or reorganization of an agency's programs when those programs are duplicated by another agency.

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1645

(d) It shall be the responsibility of the committee to prepare drafts of legislation necessary to carry out the committee's recommendations."

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

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

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

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

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood
Baker Y Battles N Beasley-Teague N Bell N Benfield Y Benton N Beverly Y Black Y Braddock Y Brockway N Brooks N Bruce Y Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey E Dickson
Dobbs Y Dollar N Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton
Ehrhart Y England N Epps, C Y Epps, J N Evans N Floyd N Fludd N Frazier E Fullerton N Gardner Y Geisinger Y Golick N Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell N Hatchett Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson N Hugley N Jackson Y Jacobs N James Y Jasperse
Jerguson E Johnson Y Jones, J N Jones, S N Jordan N Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey E Long Y Maddox, B Y Maddox, G Y Manning N Marin Y Martin Y Maxwell N Mayo

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell
Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey
Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M N Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B N Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Talton E Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT N Waites Y Watson Y Welch
Weldon N Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson
Yates Ralston, Speaker

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On the passage of the Bill, by substitute, the ayes were 108, nays 50.

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

Representative Dobbs of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Fullerton of the 151st was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Martin of the 47th District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report:

Mr. Speaker:

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

HB 669 Do Pass, by Substitute

Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Hamilton of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 109 Do Pass HB 991 Do Pass, by Substitute

HB 899 Do Pass, by Substitute HB 1123 Do Pass

Respectfully submitted, /s/ Hamilton of the 23rd
Chairman

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1647

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

Mr. Speaker:

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

HB 940 Do Pass, by Substitute HB 1114 Do Pass, by Substitute

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

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

Mr. Speaker:

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

HB 985 Do Pass

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

Representative Channell of the 116th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 29 HB 334 HB 450

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

HB 318 HB 379 HB 715

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

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HB 743 HB 846 HB 864 HB 994

Do Pass Do Pass, by Substitute Do Pass Do Pass

HB 818 HB 851 HB 916 HB 1071

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

Respectfully submitted, /s/ Channell of the 116th
Chairman

Representative O'Neal of the 146th moved that the House stand in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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

WEDNESDAY, FEBRUARY 29, 2012

1649

Representative Hall, Atlanta, Georgia

Wednesday, February 29, 2012

Twenty-Eighth Legislative Day

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Abrams Allison Amerson Anderson Ashe Atwood Baker Battles E Beasley-Teague Bell Benton Beverly Black Braddock Brockway Brooks Bryant Buckner Burns Byrd Carson Carter Channell Cheokas Clark, V Coleman Collins Cooke Coomer Davis

E Dawkins-Haigler Dempsey Dickerson Dickey Dickson
E Drenner Dukes Dunahoo Dutton Ehrhart Epps, C Epps, J
E Evans Fludd Frazier
E Fullerton Gardner Geisinger Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell Hatchett Heard
E Henson

Hightower Hill Holcomb Holmes Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S Kaiser E Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Marin Martin Maxwell Mayo

McBrayer McCall McKillip Meadows Mitchell Morris Murphy Neal, J Nix Oliver O'Neal Pak Parent Parrish Parsons Peake Powell, A Powell, J Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders E Scott, M

Scott, S Shaw Sheldon Sims, B Smith, E Smith, K Smith, L E Smith, T Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Teasley Thomas Waites Watson Welch Wilkerson Wilkinson Willard E Williams, A Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Benfield of the 85th, Bruce of the 64th, Casas of the 103rd, Crawford of the 16th, Dobbs of the 53rd, Dollar of the 45th, Dudgeon of the 24th, England of the 108th, Hatfield of the 177th, Hembree of the 67th, Jordan of the 77th, Kendrick of the 94th, Manning of the 32nd, Mosby of the 90th, Neal of the 75th, Pruett of the 144th, Sims of the 169th, Smith of the 131st, Taylor of the 79th, Taylor of the 55th, and Weldon of the 3rd.

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They wished to be recorded as present.
Prayer was offered by Reverend Christopher E. Cabiness, Pastor, New Hope Missionary Baptist Church, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1188. By Representative Spencer of the 180th:
A BILL to be entitled an Act to create the Oak Grove Cemetery Authority; to provide for its purposes, funding, responsibilities, jurisdiction, membership, meetings, records, filling of vacancies, powers and duties, and application of conflicts of interest and ethics provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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1651

HB 1189. By Representatives Powell of the 29th, Purcell of the 159th and Benton of the 31st:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 13 of Title 16 of the O.C.G.A., relating to schedules, offenses, and penalties applicable to the regulation of controlled substances, so as to establish drugfree church zones, to prohibit the manufacture, distribution, or possession with intent to distribute of a controlled substance or marijuana at or near any real property which has been established as a church or public place of worship; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1190. By Representatives Powell of the 29th, Rice of the 51st and Benton of the 31st:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide a state law violation for drivers of commercial motor vehicles who fail to be restrained by a seat safety belt while operating a commercial motor vehicle on the roads and highways of this state; to provide for a penalty consistent with other seat safety belt violations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1191. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to authorize the governing authority of the City of Lavonia to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1192. By Representatives Jasperse of the 12th, Hamilton of the 23rd, Dudgeon of the 24th, Harden of the 28th, Teasley of the 38th and others:

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A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health of students in elementary and secondary education, so as to repeal requirements relating to an annual fitness assessment program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 1193. By Representatives Dickey of the 136th and Holmes of the 125th:
A BILL to be entitled an Act to amend an Act entitled "Monroe County Public Facilities Authority Act," approved May 14, 2008 (Ga. L. 2008, p. 4432), so as to repeal certain provisions limiting such authority's authority to issue revenue bonds to four years; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1194. By Representatives Smith of the 131st, Smith of the 129th, Buckner of the 130th, Hugley of the 133rd and Smyre of the 132nd:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that retirement income received as retirement benefits from military service shall not be subject to state income tax; to provide for conditions and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1195. By Representative Reece of the 11th:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4002), so as to revise the compensation of the commissioner of Chattooga County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1196. By Representatives Randall of the 138th, Peake of the 137th, Holmes of the 125th, Beverly of the 139th, Dickey of the 136th and others:

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A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5363), so as to change the description of the electoral districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1197. By Representatives Drenner of the 86th, Jacobs of the 80th, Henson of the 87th, Williams of the 89th, Gardner of the 57th and others:
A BILL to be entitled an Act to prohibit the operation of telecommunications towers on certain public school property within DeKalb County; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1199. By Representatives Sheldon of the 105th, Carter of the 175th, Lindsey of the 54th, Jacobs of the 80th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to amend provisions relating to the Georgia Regional Transportation Authority; to reconstitute the board of directors; to provide for the governance of transit; to establish a Transit Governance Council and provide for membership; to provide for required terms of any contractual agreement between the authority and the Metropolitan Atlanta Rapid Transit Authority; to provide for the transfer of public transit services operations through contractual agreement by December 31, 2014; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1200. By Representatives Gardner of the 57th, Ashe of the 56th, Taylor of the 55th, Mosby of the 90th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia annotated, relating to state government, so as to enact a new chapter relating to transit authorities; to provide for a short title; to provide for the

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responsibilities of such authorities with respect to certain new transportation projects; to provide for transit system plans; to provide for annual budgets and capital system plans of such authorities; to provide for consolidation and coordination of functions of certain transit agencies; to provide for studies of transit innovation; to provide for Citizens Transit Advisory Committees; to provide for the issuance of bonds and other evidences of indebtedness by such authorities; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 1201. By Representatives McCall of the 30th, England of the 108th, Nimmer of the 178th and Burns of the 157th:
A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products generally, so as to repeal the "Georgia Treated Timber Products Act of 1973"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1202. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Scott of the 76th, Heckstall of the 62nd, Waites of the 60th, and others:
A BILL to be entitled an Act to amend an Act creating the Clayton County board of commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4018), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 1640. By Representatives Stephens of the 164th, Williams of the 4th, Abrams of the 84th, Hugley of the 133rd, Murphy of the 120th and others:
A RESOLUTION urging the Board of Directors of the Georgia Lottery Corporation to approve the use of video lottery terminals; and for other purposes.
Referred to the Committee on Appropriations.

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By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 1207. By Representatives Clark of the 104th, Coleman of the 97th, Riley of the 50th, Jacobs of the 80th, Williamson of the 111th and others:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to define a certain term; to provide that dual credit enrollment courses shall be treated with dignity equal to advancement placement courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 1208. By Representatives Ehrhart of the 36th, Dollar of the 45th, Carson of the 43rd, Parsons of the 42nd, Golick of the 34th and others:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), so as to change the description of the education districts of such board; to provide for definitions and inclusions; to provide for qualifications, compensation, and chairpersons and vice chairpersons; to provide for elections; to provide for terms; to provide for submissions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1209. By Representatives Williamson of the 111th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Kendrick of the 94th, Dickerson of the 95th and others:
A BILL to be entitled an Act to amend Code Section 48-5-301 of the Official Code of Georgia Annotated, relating to time for presentation of tax returns by tax receiver or tax commissioner to board of assessors, so as to repeal a population exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HR 1676. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th, Smith of the 129th and others:

A RESOLUTION recognizing Mr. John Flournoy and dedicating an interchange in his honor; and for other purposes.

Referred to the Committee on Transportation.

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

HB 1172 HB 1174 HB 1178 HB 1180 HB 1182 HB 1184 HB 1186 HB 1198 HR 1611 SB 372 SB 448

HB 1173 HB 1177 HB 1179 HB 1181 HB 1183 HB 1185 HB 1187 HR 1610 HR 1612 SB 441

Representative Parsons of the 42nd District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

Mr. Speaker:

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

HB 1080 Do Pass HB 1115 Do Pass HB 1160 Do Pass, by Substitute

Respectfully submitted, /s/ Parsons of the 42nd
Chairman

Representative Smith of the 131st District, Chairman of the Committee on Insurance, submitted the following report:

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Mr. Speaker:

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

HB 986 Do Pass, by Substitute HB 1067 Do Pass, by Substitute

HB 1066 Do Pass, by Substitute HB 1175 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 131st
Chairman

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

Mr. Speaker:

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

HB 100 HB 658 HB 961

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

HB 397 Do Pass, by Substitute HB 822 Do Pass, by Substitute HB 1048 Do Pass, by Substitute

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

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 1167 Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

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Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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

HB 1064 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 70th
Chairman

Representative Purcell of the 159th District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:

Mr. Speaker:

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

HB 827 Do Pass HB 1081 Do Pass HB 1141 Do Pass, by Substitute

Respectfully submitted, /s/ Purcell of the 159th
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 1338 Do Pass HR 1524 Do Pass

HR 1467 Do Pass HR 1569 Do Pass

Representative Roberts of the 154th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HB 1051 Do Pass HB 1052 Do Pass, by Substitute HR 1177 Do Pass, by Substitute

Respectfully submitted, /s/ Roberts of the 154th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 29, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

DEBATE CALENDAR

Modified Open Rule

HB 208 HB 513 HB 746

Employees' Retirement System of Georgia; define a certain term (Substitute)(Ret-Maxwell-17th) Life insurance; group life insurance policy to approved groups; allow issuance (Ins-Shaw-176th) Commissioner of Agriculture; final decision and reconsideration; clarify timing (A&CA-Maddox-127th)

Modified Structured Rule

HB 520 HB 751 HB 817 HB 863

Energy purchase; amount of energy provider is required to purchase from generator; change (EU&T-Parsons-42nd) Jasper County; Probate Court judge; provide nonpartisan elections (IGCHolmes-125th) Transportation, Department of; power to contract; amend limitations (Substitute)(Trans-Nimmer-178th) State purchasing; purchases without competitive bidding; change certain provisions (Substitute)(SI&P-Hatchett-143rd)

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HB 898 HB 990 SB 339

Georgia Merchant Acquirer Limited Purpose Bank Act; enact (Substitute)(B&B-Ehrhart-36th) Municipal corporations; control over parks and fire stations; change certain provisions (Substitute)(GAff-Jones-46th) Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Dept. of Natural Resources and State Forestry Commission (Substitute)(Trans-Cheokas-134th) Miller-49th

Structured Rule

HB 289 HB 641 HB 954

Ad valorem tax exemptions; revise a definition (Substitute)(W&M-Welch110th) Courts; juvenile proceedings; substantially revise provisions (Substitute)(Judy-Willard-49th) Abortion; criminal abortion; change certain provisions (Substitute)(JudyNC-McKillip-115th)

Pursuant to Rule 33.3, debate shall be limited to no more than 2 hours on HB 954. Time to be allocated at the discretion of the Chair.

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

Respectfully submitted, /s/ Meadows of the 5th
Chairman

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

HB 1167. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:

A BILL to be entitled an Act to amend an Act creating a new Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so to provide for term limits for the chairperson and commission members; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter
Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar E Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd Y Frazier E Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson
Johnson Y Jones, J Y Jones, S
Jordan Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal, J
Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T
Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson
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.

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

Mr. Speaker:

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

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SB 176. By Senators Chance of the 16th, Mullis of the 53rd, Gooch of the 51st, Stoner of the 6th, Davis of the 22nd and others:
A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings to be open to the public, limitation on action to contest agency action, recording, notice of time and place, access to minutes, and telecommunications conferences, so as to authorize all agencies to conduct meetings by teleconference under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 293. By Senators Heath of the 31st, Rogers of the 21st, Tippins of the 37th, Hill of the 4th and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require the nation's motto, "In God We Trust," to be printed on license plates; to provide that purchasers of license plates may cover the motto with a county name decal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 365. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to define a term; to provide for a private cause of action; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change provisions relating to collected funds; to provide for penalties; to require an attorney to attest that a borrower knowingly, intentionally, and willingly executed such form; to provide that mortgages shall be voidable if a waiver of borrower's rights and attorney attestation is not completed for a residential real property mortgage; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 371. By Senators Tippins of the 37th, Rogers of the 21st, Mullis of the 53rd, Hill of the 32nd, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 6-3-20, relating to the power of local governments to acquire, construct, maintain, and control airports and landing fields, so as to provide for local governments' ability to accept community improvement district funds to use for improvements to

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airports and landing fields within the district; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 430. By Senator Bethel of the 54th:
A BILL to be entitled an Act to amend an Act to provide for the composition and number of state senatorial districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 139), so as to revise the boundaries of certain state senate districts; to provide for related matters; to provide an effective date; to provide for delayed applicability under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 446. By Senators Mullis of the 53rd, Chance of the 16th, Gooch of the 51st, Miller of the 49th, Murphy of the 27th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to make conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 959. By Representative Dickey of the 136th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, so as to revise districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 969. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th:

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A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the method of election of the members of the Board of Education of White County," approved May 13, 2008 (Ga. L. 2008, p. 4291), so as to provide for new education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 970. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th:
A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Commissioners of White County," approved May 13, 2008 (Ga. L. 2008, p. 4205), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 978. By Representatives Hamilton of the 23rd, Byrd of the 20th, Jerguson of the 22nd and Hill of the 21st:
A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 979. By Representatives Hamilton of the 23rd, Hill of the 21st, Jerguson of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4876), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance

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pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 980. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved June 3, 2003, (Ga. L. 2003, p. 4670), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1016. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved April 15, 1996 (Ga. L. 1996, p. 4466), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1017. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to amend an Act relative to the Board of Education of Franklin County, approved April 12, 1982 (Ga. L. 1982, p. 3753), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1020. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4266), so as to change the description of the commissioner districts; to

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provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 1021. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education for Evans County, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4281), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 1029. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act for the election of members of the Board of Education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), as amended, so as to provide for the election of members of the Board of Education of Screven County; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the filling of vacancies; to provide for qualifications; to provide for the election of a chairperson; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1037. By Representatives McCall of the 30th and Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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HB 1038. By Representatives McCall of the 30th and Powell of the 29th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for renumbering of certain districts; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1039. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Montgomery County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for manner of election and terms of office; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1040. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Glascock County, approved April 1, 1996 (Ga. L. 1996, p. 3725), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1070. By Representative Nimmer of the 178th:
A BILL to be entitled an Act to provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 176. By Senators Chance of the 16th, Mullis of the 53rd, Gooch of the 51st, Stoner of the 6th, Davis of the 22nd and others:
A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings to be open to the public, limitation on action to contest agency action, recording, notice of time and place, access to minutes, and telecommunications conferences, so as to authorize all agencies to conduct meetings by teleconference under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 293. By Senators Heath of the 31st, Rogers of the 21st, Tippins of the 37th, Hill of the 4th and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require the nation's motto, "In God We Trust," to be printed on license plates; to provide that purchasers of license plates may cover the motto with a county name decal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 365. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to define a term; to provide for a private cause of action; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change provisions relating to collected funds; to provide for penalties; to require an attorney to attest that a borrower knowingly, intentionally, and willingly executed such form; to provide that mortgages shall be voidable if a waiver of borrower's rights and attorney attestation is not completed for a residential real property mortgage; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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SB 371. By Senators Tippins of the 37th, Rogers of the 21st, Mullis of the 53rd, Hill of the 32nd, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 6-3-20, relating to the power of local governments to acquire, construct, maintain, and control airports and landing fields, so as to provide for local governments' ability to accept community improvement district funds to use for improvements to airports and landing fields within the district; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 430. By Senator Bethel of the 54th:
A BILL to be entitled an Act to amend an Act to provide for the composition and number of state senatorial districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 139), so as to revise the boundaries of certain state senate districts; to provide for related matters; to provide an effective date; to provide for delayed applicability under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
SB 446. By Senators Mullis of the 53rd, Chance of the 16th, Gooch of the 51st, Miller of the 49th, Murphy of the 27th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to make conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
Pursuant to HR 1338, the House commended South Korean Consulate General Hebeom Kim and invited him to be recognized by the House of Representatives.

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Pursuant to HR 1467, the House recognized February 29, 2012, as Macon Day at the state capitol and invited citizens and public officials from Macon and Bibb County to be recognized by the House of Representatives.
Pursuant to HR 1524, the House commended Wesleyan College and invited President Ruth Knox to be recognized by the House of Representatives.
Pursuant to HR 1641, the House commended Sweet Shoppe owners Nikki Gribble and Susan Catron and invited them to be recognized by the House of Representatives.
Pursuant to HR 1569, the House commended Kate's Club for its outstanding service to youth, recognized March 1, 2012, as Kate's Club Grief Awareness Day at the capitol, and invited Founder Kate Atwood and the Kate's Club board of directors to be recognized by the House of Representatives.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Gardner of the 57th, Reece of the 11th, Purcell of the 159th, Mosby of the 90th, Amerson of the 9th, Holt of the 112th, Epps of the 140th, and Geisinger of the 48th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1338. By Representatives Pak of the 102nd, Nix of the 69th, Harrell of the 106th, Casas of the 103rd, Lindsey of the 54th and others:
A RESOLUTION commending South Korean Consulate General He-beom Kim and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1467. By Representatives Randall of the 138th, Peake of the 137th, Dickey of the 136th, Beverly of the 139th, Epps of the 140th and others:
A RESOLUTION recognizing February 29, 2012, as Macon Day at the state capitol and inviting citizens and public officials from Macon and Bibb County to be recognized by the House of Representatives; and for other purposes.
HR 1524. By Representatives Peake of the 137th, Dickey of the 136th, Randall of the 138th, Beverly of the 139th, Epps of the 140th and others:

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A RESOLUTION commending Wesleyan College and inviting President Ruth Knox to be recognized by the House of Representatives; and for other purposes.
HR 1569. By Representatives Parent of the 81st, Benfield of the 85th, Kendrick of the 94th, Bell of the 58th, Evans of the 40th and others:
A RESOLUTION commending Kate's Club for its outstanding service to youth, recognizing March 1, 2012, as Kate's Club Grief Awareness Day at the capitol, and inviting Founder Kate Atwood and the Kate's Club board of directors to be recognized by the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 339. By Senators Miller of the 49th, Williams of the 19th, Mullis of the 53rd, Hill of the 32nd, Millar of the 40th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 6 of the O.C.G.A., relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide for related matters; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources, the State Forestry Commission, and the Department of Transportation; to provide for related matters; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to transfer certain personnel, assets,

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and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, is amended by revising Code Section 6-5-4, relating to the purpose of the authority, powers, support, and annual audits, as follows:
"6-5-4. (a)(1)(A) The general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets, except those aviation assets of the Department of Public Safety, to provide aviation services and oversight of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property, to achieve policy objectives through aviation missions, and to provide for the efficient operation of state aircraft. (B) This Code section shall not diminish those powers and duties of the Department of Natural Resources under Code Section 12-2-11, the State Forestry Commission under Code Section 12-6-25, or the Department of Public Safety under Code Section 35-2-140. (2)(A) All aircraft previously transferred to the authority by the Department of Public Safety and associated parts and equipment and a percentage of the budgeted operating funds associated with such aircraft shall be transferred on September 1, 2011, back to the custody and control of the Department of Public Safety; provided, however, that this chapter shall have no application to aircraft owned or operated by the Department of Defense. (B) All aircraft under the custody and control of the authority as of June 30, 2012, which were previously transferred to the authority by the Department of Natural Resources and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the Department of Natural Resources. (C) All aircraft under the custody and control of the authority as of June 30, 2012, which were previously transferred to the authority by the State Forestry Commission and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the State Forestry Commission. (D) For purposes of aerial aviation photography, the King Air 90 aircraft that was specially equipped and adapted to perform essential aerial photography under the custody and control of the authority as of June 30, 2012, which was previously transferred to the authority by the Department of Transportation, and associated parts and equipment specific to that aircraft shall be transferred on July 1, 2012,

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back to the custody and control of the Department of Transportation. The Department of Transportation shall have the authority to own, operate, maintain, and dispose of aircraft to support the aerial photography mission needs of the department. (3) On and after July 1, 2009, or a later date determined by the Governor, no other entity of state government, other than the Department of Public Safety, shall acquire, lease, or charter any aircraft other than through the authority.
(4)(A) Any person who is employed by an entity of state government as a pilot and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' may remain in the employment of the employing agency but shall be transferred for administrative purposes only to the authority on July 1, 2009, in compliance with subsection (c) of Code Section 6-5-3; provided, however, that those (B) The provisions of subparagraph (A) of this paragraph notwithstanding: (i) Those persons who are employed by the Department of Public Safety who are assigned for administrative purposes only to the authority shall be transferred back to the Department of Public Safety on September 1, 2011, and shall no longer be under the administration or direction of the authority. (ii) Any persons who as of June 30, 2012, were employed by the authority pursuant to previous transfer from the Department of Natural Resources to the authority shall be transferred back to the Department of Natural Resources on July 1, 2012, and shall no longer be under the administration or direction of the authority. (iii) Any persons who as of June 30, 2012, were employed by the authority pursuant to previous transfer from the State Forestry Commission to the authority shall be transferred back to the State Forestry Commission on July 1, 2012, and shall no longer be under the administration or direction of the authority. (5)(A)(i) All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the authority; provided, however, that all. (ii) The provisions of division (i) of this subparagraph notwithstanding:
(I) All airfields and appurtenances, including hangars, previously transferred by the Department of Public Safety to the authority shall be transferred back to the Department of Public Safety on September 1, 2011. (II) All airfields and appurtenances, including hangars, previously transferred by the Department of Natural Resources to the authority shall be transferred back to the Department of Natural Resources on July 1, 2012.

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(III) All airfields and appurtenances, including hangars, previously transferred by the State Forestry Commission to the authority shall be transferred back to the State Forestry Commission on July 1, 2012. (B) The cost for the use of such state aircraft shall be charged by the authority to the using state entity. The amount of such charge shall be determined by the authority. (6)(A) The authority shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (B) This paragraph shall not apply to state aircraft assigned to the Department of Public Safety, the Department of Natural Resources, or the State Forestry Commission. (b) In the furtherance of its purpose, the authority shall have the power to: (1) Organize, staff, Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for state aviation operations and activities; (5) Identify the costs associated with the training, education, and purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities,; training, and education, develop an appropriate billing structure,; and charge agencies and other state entities for the costs of state aircraft and aviation operations; provided, however, that any billing to an agency by the authority shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to the state of emergency; (6) Retain appropriate external consulting and auditing expertise; (7) Engage aviation industry representatives to ensure best practices for state aviation assets; (8) Delegate certain powers pursuant to this chapter to other state entities; and (9) Otherwise implement appropriate and efficient management practices for state aviation operations. (c)(1) The authority shall provide priority support for those state agencies and departments, including local and state public safety and law enforcement entities, whose operations require aviation operations when requested. (2)(A) No state entity other than the authority and the Department of Public Safety shall be authorized without the approval of the authority to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft without the approval of the authority. (B) This paragraph shall not apply to the Department of Public Safety, the Department of Natural Resources, or the State Forestry Commission.

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(d) The funds and assets of the authority, as well as the performance of the authority, its services, and equipment, shall be audited annually by the state auditor. The initial audit shall be concluded no later than December 30, 2010. The results of such audit shall be open to inspection at reasonable times by any person. A copy of the audit report shall be sent to the state accounting officer. The authority shall also provide the Governor, the Speaker of the House, the President of the Senate, the chairperson of the House Committee on Public Safety and Homeland Security, the chairperson of the Senate Public Safety Committee, the chairperson of the Senate Veterans, Military and Homeland Security Committee, the chairperson of the House Committee on Transportation, and the chairperson of the Senate Transportation Committee with a copy of the state audit report which shall include a full report of the activities and services of the authority. The performance audit report shall be provided no later than December 31, 2013. (e) On September 1, 2011, the six aviation mechanic positions that were previously transferred by the Department of Public Safety to the authority shall be returned to the Department of Public Safety along with the funds budgeted for such positions."
SECTION 2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in Article 1 of Chapter 2, relating to general provisions relative to the Department of Natural Resources, by adding a new Code section to read as follows:
"12-2-11. (a)(1) The department shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the department, to provide aviation services and oversight of such state aircraft and aviation operations for the mission of the department and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft. (2) All aircraft under the custody and control of the Georgia Aviation Authority as of June 30, 2012, which were previously transferred to the authority by the department and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the department. (3) Any persons who as of June 30, 2012, were employed by the Georgia Aviation Authority pursuant to previous transfer from the department to the authority shall be transferred back to the department on July 1, 2012, and shall no longer be under the administration or direction of the authority. (4) All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the department and all accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the department as of July 1, 2012, shall become the property, accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations of the department on such date.

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(5) The department shall be responsible for providing aviation services in support of the mission of the department. The department shall be authorized to dispose of any state aircraft assigned to the department and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (b) The department shall have the power to: (1) Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for department aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for department aviation operations and activities; (5) Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft assigned to the department and aviation operations and related facilities; (6) In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a 'civil aircraft' under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type of aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the aircraft on that specific trip; provided, however, that any billing to an agency by the department shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency; (7) Retain appropriate external consulting and auditing expertise; (8) Engage aviation industry representatives to ensure best practices for department aviation assets; (9) Delegate certain powers pursuant to this article to other state entities; (10) Otherwise implement appropriate and efficient management practices for department aviation operations; and (11) Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars."
SECTION 3. Said title is further amended in Part 1 of Article 1 of Chapter 6, relating to the State Forestry Commission, by adding a new Code section to read as follows:
"12-6-25. (a)(1) The commission shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the commission, to provide aviation

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services and oversight of such state aircraft and aviation operations for the mission of the commission and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft. (2) All aircraft under the custody and control of the Georgia Aviation Authority as of June 30, 2012, which were previously transferred to the authority by the commission and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the commission. (3) Any persons who as of June 30, 2012, were employed by the Georgia Aviation Authority pursuant to previous transfer from the commission to the authority shall be transferred back to the commission on July 1, 2012, and shall no longer be under the administration or direction of the authority. (4) All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the commission and all accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the commission as of July 1, 2012, shall become the property, accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations of the commission on such date. (5) The commission shall be responsible for providing aviation services in support of the mission of the commission. The commission shall be authorized to dispose of any state aircraft assigned to the commission and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (b) The commission shall have the power to: (1) Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for commission aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for commission aviation operations and activities; (5) Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft assigned to the commission and aviation operations and related facilities; (6) In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a 'civil aircraft' under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type of aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the

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aircraft on that specific trip; provided, however, that any billing to an agency by the commission shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency; (7) Retain appropriate external consulting and auditing expertise; (8) Engage aviation industry representatives to ensure best practices for commission aviation assets; (9) Delegate certain powers pursuant to this article to other state entities; (10) Otherwise implement appropriate and efficient management practices for commission aviation operations; and (11) Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars."

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

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

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

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker Y Battles N Beasley-Teague
Bell N Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway N Brooks Y Bruce Y Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell

Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans N Floyd N Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene

N Heckstall Y Hembree E Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J N Jones, S Y Jordan Y Kaiser N Kendrick E Kidd Y Knight Y Lane

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell Y Morgan
Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey Y Randall Y Reece

Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT N Waites Y Watson Y Welch
Weldon Y Wilkerson

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Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

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

Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell N Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders N Scott, M N Scott, S Y Setzler

Wilkinson Y Willard E Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 135, nays 31.

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

HB 746. By Representatives Maddox of the 127th, Willard of the 49th, McCall of the 30th, Roberts of the 154th and Burns of the 157th:

A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to the administrative authority of the Commissioner of Agriculture on hearings for individuals adversely affected, so as to clarify the timing of the Commissioner's final decision and decision for reconsideration of the final decision; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood
Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans
Floyd Y Fludd

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley

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Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Thomas VACANT
Y Waites Y Watson Y Welch
Weldon Y Wilkerson
Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 990. By Representatives Jones of the 46th, Riley of the 50th, Martin of the 47th, Willard of the 49th, Dudgeon of the 24th and others:

A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change certain provisions relating to municipal control over parks and fire stations; to change certain provisions relating to special districts divided into noncontiguous areas, information required in audits, informational summary, and effect of creation of municipal corporation and distribution of excess proceeds from special district taxes, fees, and assessments; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change certain provisions relating to municipal control over parks and fire stations; to change certain provisions relating to special districts divided into noncontiguous areas, information required in audits,

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informational summary, and effect of creation of municipal corporation and distribution of excess proceeds from special district taxes, fees, and assessments; 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. Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by revising Code Section 36-3111.1, relating to municipal control over parks and fire stations, as follows:
"36-31-11.1. (a) As used in this Code section, the term:
(1) 'County' means a county in which a tax is being levied and collected for purposes of a metropolitan area system of public transportation and in which a public safety and judicial facilities authority has been activated by the county pursuant to Chapter 75 of this title. (2) 'Fire station' means any property or facility that is located wholly within the territory of a qualified municipality, including buildings and fixtures located on such property owned by the county or subject to a lease-purchase or installment sale arrangement by the county, and used by the county as of the date immediately prior to the date the local Act incorporating a qualified municipality became law to provide fire protection services authorized by Article IX, Section II, Paragraph III(a)(1) of the Constitution. Such term shall include any buildings, fixtures, or other improvements on such property or in such facilities. (3) 'Park' means any property or facility that is located wholly within the territory of a municipality, including but not limited to athletic fields, athletic courts, recreation centers, playgrounds, swimming pools, arts centers, historical properties, and adjacent greenspace, and the fixtures located on such property or in such facility owned by the county, or subject to a lease-purchase or installment sale arrangement by the county and used by the county as of the date immediately prior to the date the local Act incorporating a qualified municipality became law to provide any services authorized by Article IX, Section II, Paragraph III(a)(5) of the Constitution or to provide any services authorized by Article IX, Section II, Paragraph III(a)(10) of the Constitution. Such term shall include any buildings, fixtures, or other improvements on such property or in such facilities. (4) 'Qualified municipality' means any new municipality located in a county and created by local Act which becomes law on or after January 1, 2008. (b) A qualified municipality that succeeds to the control of local government services pursuant to Article IX, Section II, Paragraph III(a) of the Constitution may take control of and hold title to parks and fire stations as a trustee or agent for the public. (c)(1) A qualified municipality located within a county which has a special district for the provision of fire services shall continue to be part of such special fire district

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where the local Act creating such qualified municipality so provides or where the governing authority of the qualified municipality elects by formal resolution to continue to be part of the special fire district and delivers a copy of such resolution to the governing authority of the county within 30 days after the date the resolution is adopted. (2) If a qualified municipality initially elected to remain in a fire services special district, such municipality shall be removed from such fire services special district by adopting a resolution stating its intent to be removed from the district and the date of removal, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county. The fire services shall be discontinued by the county on the first day of the next fiscal year of the county that begins at least 180 days after the specified notice is received by the county. (d) A qualified municipality located within a county that charges fees on a periodic basis for the provision of water or sewer services, or both, may elect to continue receiving such services for the same fees charged residents in the unincorporated area of the county. Such election may be set forth in the local Act creating such qualified municipality or be made by resolution of the governing authority of the qualified municipality provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county within 30 days after the date the resolution is adopted. (e) The county shall not convey, otherwise encumber, move any fixtures or buildings, or enter into or renew any contractual obligations with respect to any park or fire station located in the qualified municipality. The governing authority of the county shall assign to the governing authority of the qualified municipality all of its right, title, and interest in any executory contract in effect on any park or fire station that the qualified municipality elects to purchase as provided in this Code section. Such assignment shall be effective on the date the municipality assumes ownership of any such park or fire station or as otherwise may be agreed between the governing authority of the municipality and the governing authority of the county. (f) A municipality may elect to purchase parks within the territory of the municipality from the county in which the municipality is located. Notwithstanding any other law to the contrary, whenever a municipality elects to purchase any such parks, the governing authority of the municipality shall provide written notice to the governing authority of the county specifying the parks to be purchased and the date or dates the municipality will assume ownership of such parks; the purchase price for such parks shall be $100.00 per acre. Such notice shall be provided for each such park no less than 30 days prior to the date the municipality intends to assume ownership. (g) Upon the payment of the purchase price, all of the county's right, title, and interest in the parks that the municipality elects to purchase shall be transferred to the governing authority of the municipality. Such transfer shall be effective on the date the municipality intends to assume ownership of such parks and as stated in the notice given pursuant to subsection (f) of this Code section. The governing authority of the

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county shall transfer, execute, and deliver to the governing authority of the municipality such instruments as may be necessary to record the transfer of such right, title, and interest. Notwithstanding any provision in any property deed or law to the contrary, a municipality may purchase a park from the county without permission of the state and may use such park for all purposes for which the county was authorized under such deed or law. (h) In the event a park is transferred by a county to a municipality under this Code section, the municipality shall be prohibited from imposing or collecting user fees from residents of the county in excess of the amount of such fees imposed or collected from residents of the municipality. (i) Where residents of a municipality are required pursuant to Code Section 36-31-11 to continue to pay taxes for the purpose of retiring any special district debt created by the issuance of bonds by the county on behalf of the special district for the purpose of improving parks and the municipality elects to purchase any such park pursuant to this Code section, the county shall transfer to the municipality as an agent of the special district the portion of the bond proceeds that the county planned to spend on such park at the time of the referendum on the bonds, based upon any statements of intention or representations concerning use of the bond proceeds by the governing authority of the county. Such amount shall be determined based on county resolutions and any attachments thereto, staff recommendations, or similar documents presented at the time of passage of a resolution, county records, and any public statements or representations made by county managers, representatives, officials, or their agents as to the amount that would be spent on such park in order to solicit voter support for the referendum; provided, however, that the amount to be transferred by the county to the municipality shall be reduced by any amount spent by the county to improve such park prior to the date of the municipality's notice of its election to purchase the park as provided in subsection (f) of this Code section. The transfer shall be due within 30 days after the municipality assumes ownership of any such park. The municipality shall be required to expend any such funds for and on behalf of the special district in a manner consistent with the purpose and intent of the issuance of the bonds. (j) A qualified municipality may elect to purchase one or more fire stations from the county in which it is located. Notwithstanding any other law to the contrary, whenever a qualified municipality elects to purchase a fire station from the county, the governing authority of the qualified municipality shall provide written notice to the governing authority of the county specifying the fire station to be purchased and the date or dates the qualified municipality will assume ownership of such fire station. Such notice shall be provided with respect to each such property no less than 30 days prior to the date the qualified municipality intends to assume ownership of the fire station.
(k)(1) Except as otherwise provided in paragraph (2) of this subsection, if a qualified municipality elects to purchase a fire station that serves only territory wholly within the qualified municipality, the purchase price shall be $5,000.00 for each such fire station.

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(2) If the county uses a fire station to serve an area located outside the qualified municipality, the purchase price for each such fire station shall be $5,000.00 plus an additional amount determined as provided in this paragraph. Such additional amount shall be the product of the fair market value of such fire station multiplied by the percentage of the total service area of such fire station which is located outside of the corporate limits of the qualified municipality. If the portion served outside the qualified municipality exceeds 20 percent of the total service area, then from the date the qualified municipality assumes ownership of such fire station, the qualified municipality shall be obligated to offer to lease the fire station back to the county for a period not to exceed two years for an amount of $10.00 for the lease period. (l) If a county and municipality fail to reach an agreement on the amount to be paid or any related matter under this Code section, either the county or the municipality may petition the superior court to seek resolution of the items in dispute. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 36-31-12, relating to special districts divided into noncontiguous areas, information required in audits, informational summary, and effect of creation of municipal corporation and distribution of excess proceeds from special district taxes, fees, and assessments, as follows:
"(b)(1) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area. (2) If, on or after May 14, 2008:
(A) Excess proceeds derived from the collection of any special district taxes, fees, and assessments or from any earnings thereon remain following the expenditure required under paragraph (1) of this subsection; and (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district; and the county shall continue to make such disbursements for so long as such

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excess proceeds continue to be received. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on or after May 14, 2008:
(A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments or from any earnings thereon; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district; and the county shall continue to make such disbursements for so long as such excess proceeds continue to be received. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality."

SECTION 3. This Act shall not be applied to impair any obligation of contract entered into prior to the date this Act becomes effective.

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker Y Battles Y Beasley-Teague

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon

Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston

Y McBrayer Y McCall
McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J

Y Shaw Y Sheldon E Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre

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Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

Representatives Jordan of the 77th and Martin of the 47th stated that 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 208. By Representative Maxwell of the 17th:

A BILL to be entitled an Act to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

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To amend Code Section 47-3-127.1 of the Official Code of Georgia Annotated, relating to employment of a retired teacher as a full-time teacher or in other capacities, so as to change the date of automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-3-127.1 of the Official Code of Georgia Annotated, relating to employment of a retired teacher as a full-time teacher or in other capacities, is amended by revising subsection (d) as follows:
"(d) The provisions of this Code section shall be automatically repealed on June 30, 2016 2013."

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

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd Y Frazier Y Fullerton
Gardner Y Geisinger Y Golick Y Gordon Y Greene

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E
Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Waites Y Watson Y Welch Y Weldon Y Wilkerson

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Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

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

Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

Representative Martin of the 47th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 513. By Representatives Shaw of the 176th, Dollar of the 45th, Smith of the 131st, Maxwell of the 17th, Cheokas of the 134th and others:

A BILL to be entitled an Act to amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life 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.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker Y Battles Y Beasley-Teague Y Bell
Benfield Y Benton Y Beverly

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar
Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson

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Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant
Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V
Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd Y Frazier Y Fullerton
Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 163, nays 0.

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

HB 817. By Representatives Nimmer of the 178th, Roberts of the 154th, Burns of the 157th, Sheldon of the 105th and Dollar of the 45th:

A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to the Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains by commercial vehicles on certain roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

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To amend provisions of the Official Code of Georgia Annotated relating to the Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend restrictions on the department when contracting for design-build projects; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains or certain tires by certain vehicles on limited access roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes; to provide for the use of state funds for mass transportation by the department; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-2-61, relating to limitations on the Department of Transportation's power to contract, by revising subsection (d) as follows:
"(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $100,000.00 $200,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $100,000.00 $200,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; (E) With the State Road and Tollway Authority; or (F) Through the provisions of a design-build contract as provided for in Code Section 32-2-81.

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(2) A department contract negotiated and made with a political subdivision, as authorized by subparagraph (A) of paragraph (1) of this subsection, may be subcontracted to any person or political subdivision. It may be performed with inmate labor, except in the case of a public work constructed with federal aid, or the forces of such political subdivision or those of a political subdivision to which such contract has been subcontracted. However, the department shall have the authority to furnish planning, contract plans, specifications, and engineering supervision over a public road being constructed by a political subdivision or by its subcontractor. Any subcontract made under authority of this subsection shall not constitute the basis of any claim against the department, nor shall such subcontract be considered an assignment of the rights of the political division subdivision under its contract with the department."
SECTION 2. Said title is further amended in Code Section 32-2-64, relating to the requirement of letting contracts by public bid, as follows:
"32-2-64. Except as authorized by subsection (d) of Code Section 32-2-61, all department construction and maintenance contracts shall be let by public bid. For purposes of this Code section, posting a bid on the department's website shall satisfy the public bid requirement."
SECTION 3. Said title is further amended in Code Section 32-2-69, relating to the reading of contract bids by the Department of Transportation, by adding a new subsection to read as follows:
"(e) For purposes of this Code section, posting of a bid on the department's website shall be equivalent to having read the bid."
SECTION 4. Said title is further amended by revising subsection (f) of Code Section 32-2-81, relating to design-build projects and procedure of the department, as follows:
"(f) In contracting for design-build projects, the department shall be limited to contracting for no more than 30 50 percent of the total amount of construction projects awarded in the previous fiscal year. After July 1, 2014, in contracting for design-build projects, the department shall be limited to contracting for no more than 15 percent of the total amount of construction projects awarded in the previous fiscal year."
SECTION 5. Said title is further amended by revising Code Section 32-4-20, relating to the composition of the state highway system, as follows:
"32-4-20. The state highway system shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall

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be designated as a part of the state highway system unless it meets at least one of the following requirements:
(1) Serves trips of substantial length and duration indicative of regional, state-wide, or interstate importance; (2) Connects adjoining county seats; (3) Connects urban or regional areas with outlying areas, both intrastate and interstate; or (4) Serves as part of the principal collector network for the state-wide and interstate arterial public roads road system; or (5) Serves as part of a programmed road improvement project plan in which the department will utilize state or federal funds for the acquisition of rights of way."
SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"32-6-5. (a) The department may close or limit access to any portion of road on the state highway system due to inclement weather that results in dangerous driving conditions. There shall be erected or posted signage of adequate size indicating that a portion of the state highway system has been closed or access has been limited. When the department determines a road shall have limited access due to inclement winter weather conditions, notice shall be given to motorists through posted signage that motor vehicles must be equipped with tire chains, four-wheel drive with adequate tires for existing conditions, or snow tires with a manufacturer's all weather rating in order to proceed. Such signage shall inform motorists that it shall be unlawful to proceed on such road without such equipment. With the exception of buses, operators of commercial vehicles with four or more drive wheels traveling on a road declared as limited access due to inclement winter weather conditions shall affix tire chains to at least four of the drive wheel tires. Bus operators shall affix tire chains to at least two of the drive wheel tires before proceeding on a road with limited access due to inclement winter weather conditions. For purposes of this Code section, the term 'tire chains' means metal chains which consist of two circular metal loops, positioned on each side of a tire, connected by not less than nine evenly spaced chains across the tire tread or any other traction devices capable of providing traction equal to or exceeding that of such metal chains under similar conditions. (b) This Code section shall not apply to a tow operator towing a motor vehicle or traveling to a site from which a motor vehicle shall be towed or to emergency responders traveling the roadway in order to fulfill their duties."
SECTION 7. Said title is further amended in Code Section 32-6-26, relating to the weight and load of a vehicle, by revising subsection (f) to read as follows:
"(f) On any public road of a county road system, the maximum total gross weight of a vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a pickup

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or delivery on such road; except that if a county road is constructed to the same standards as those highways of this state which are interstate highways and is authorized as a designated local truck route pursuant to official resolution of the county and approval of the commissioner, the maximum weight limits for such designated local truck route shall be the same as those for highways in this state which are not interstate highways as provided by paragraph (1) of subsection (c) of this Code section. The county shall notify the department of any roads designated by the county as a local truck route within 90 days of such designation."
SECTION 8. Said title is further amended in Code Section 32-6-50, relating to uniform regulations governing the erection and maintenance of traffic-control devices, by revising paragraph (2) of subsection (c) to read as follows:
"(2) Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a designated local truck route, pursuant to official resolution of the county and approval of the commissioner, at each intersection of such road with a state highway signs identifying such county road as a designated local truck route and giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of Code Section 32-6-26."
SECTION 9. Said title is further amended in Code Section 32-9-2, relating to the operation of mass transportation facilities or systems by the department, by revising paragraph (3) of subsection (c) as follows:
"(3) The department's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's participation with state funds shall be limited to a maximum of 15 percent of the cost the minimum nonfederal share of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems."
SECTION 10. This Act shall become effective on July 1, 2012.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson
Jones, J Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy N Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 3.

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

Representative Taylor of the 55th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:

WEDNESDAY, FEBRUARY 29, 2012

1695

Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 678 Do Pass, by Substitute HB 1186 Do Pass SB 358 Do Pass
Respectfully submitted, /s/ McCall of the 30th
Chairman
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1641. By Representative Ralston of the 7th:
A RESOLUTION commending Sweet Shoppe owners Nikki Gribble and Susan Catron and inviting them to be recognized by the House of Representatives; and for other purposes.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 1641 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1641. By Representative Ralston of the 7th:
A RESOLUTION commending Sweet Shoppe owners Nikki Gribble and Susan Catron and inviting them to be recognized by the House of Representatives; 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.
Representative Channell of the 116th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 868 Do Pass, by Substitute HB 1027 Do Pass, by Substitute HB 1165 Do Pass
Respectfully submitted, /s/ Channell of the 116th
Chairman
The following Resolutions of the House were read and adopted:
HR 1646. By Representatives Dollar of the 45th, Taylor of the 79th, Ramsey of the 72nd and Byrd of the 20th:
A RESOLUTION commending Taiwan for its relations with the United States; and for other purposes.
HR 1647. By Representative Williamson of the 111th:
A RESOLUTION recognizing and honoring the Corinth Christian Church on its 150th anniversary; and for other purposes.
HR 1648. By Representatives Ashe of the 56th, Coleman of the 97th, Talton of the 145th, Oliver of the 83rd, Stephens of the 164th and others:
A RESOLUTION recognizing Normer Adams, Executive Director of the Georgia Association of Homes and Services for Children; and for other purposes.

WEDNESDAY, FEBRUARY 29, 2012

1697

HR 1649. By Representative Manning of the 32nd:
A RESOLUTION recognizing September 25, 2012 as the new Georgia Day at the capitol; and for other purposes.
HR 1650. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Tritt Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1651. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Timber Ridge Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1652. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Mt. Bethel Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1653. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Walton High School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1654. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Dickerson Middle School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1655. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Hightower Trail Middle School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.

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HR 1656. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Dodgen Middle School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1657. By Representatives Dollar of the 45th and Carson of the 43rd:
A RESOLUTION recognizing and commending Rocky Mount Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1658. By Representatives Dollar of the 45th and Carson of the 43rd:
A RESOLUTION recognizing and commending Shallowford Falls Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1659. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Pope High School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1660. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Murdock Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1661. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending East Side Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 1662. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Mt. Bethel Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.

WEDNESDAY, FEBRUARY 29, 2012

1699

HR 1663. By Representative Smith of the 70th:
A RESOLUTION recognizing and commending Ms. Martha Collins Lynch Moultrie on the occasion of her 100th birthday; and for other purposes.
HR 1664. By Representative Smith of the 70th:
A RESOLUTION recognizing and commending Dr. Cindy Bennett for being named the 2011-2012 National Outstanding Middle Level Assistant Principal; and for other purposes.
HR 1665. By Representative Mosby of the 90th:
A RESOLUTION recognizing March, 2012, as Professional Social Workers Month at the capitol; and for other purposes.
HR 1666. By Representatives Mosby of the 90th and Rice of the 51st:
A RESOLUTION recognizing and commending LifeSouth Community Blood Centers and the Five Points of Life Foundation; and for other purposes.
HR 1667. By Representatives Stephens of the 164th, Watson of the 163rd, Purcell of the 159th, Stephens of the 161st, Gordon of the 162nd and others:
A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Michael A. Foran and the Grand Marshal of the 2012 St. Patrick's Day Parade, Timothy "Tim" Ansley on the upcoming occasion of the 2012 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes.
HR 1668. By Representatives Amerson of the 9th, Ralston of the 7th, Williams of the 4th and Collins of the 27th:
A RESOLUTION honoring the life and work of Ms. Madeleine Kiker Anthony; and for other purposes.
HR 1669. By Representatives Brooks of the 63rd, Smyre of the 132nd and Hugley of the 133rd:
A RESOLUTION honoring the life and memory of Arthur Joseph McClung, Jr.; and for other purposes.

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HR 1670. By Representatives Hugley of the 133rd, Abrams of the 84th, Ashe of the 56th, Talton of the 145th, Randall of the 138th and others:

A RESOLUTION commending The Links, Incorporated, and recognizing March 14, 2012, as Georgia Links Day at the capitol; and for other purposes.

HR 1671. By Representative Buckner of the 130th:

A RESOLUTION recognizing and commending Ms. Jane Starnes; and for other purposes.

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

HB 751. By Representative Holmes of the 125th:

A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Jasper County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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 Atwood E Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black
Braddock Y Brockway Y Brooks Y Bruce Y Bryant N Buckner

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner E Dudgeon Y Dukes N Dunahoo Y Dutton Y Ehrhart Y England
Epps, C Y Epps, J E Evans Y Floyd
Fludd Y Frazier

Heckstall Hembree Henson Y Hightower E Hill Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Hudson N Hugley Jackson Y Jacobs Y James N Jasperse Jerguson Y Johnson Y Jones, J Y Jones, S

Y McBrayer Y McCall
McKillip Y Meadows Y Mitchell Y Morgan
Morris N Mosby Y Murphy N Neal, J Y Neal, Y Y Nimmer N Nix Y Oliver Y O'Neal N Pak Y Parent Y Parrish Y Parsons
Peake Y Powell, A

Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley Y Thomas

WEDNESDAY, FEBRUARY 29, 2012

1701

Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman N Collins Y Cooke N Coomer
Cooper Y Crawford

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

Jordan Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Maxwell Y Mayo

Y Powell, J Pruett
Y Purcell Y Ramsey
Randall Y Reece Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler

VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson Y Willard
Williams, A Y Williams, C Y Williams, E N Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 130, nays 15.

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

Representatives Peake of the 137th, Pruett of the 144th, and Shaw of the 176th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Braddock of the 19th 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 Teasley of the 38th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 898. By Representatives Ehrhart of the 36th, Morris of the 155th and Harden of the 28th:

A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Georgia Merchant Acquirer Limited Purpose Bank Act"; to provide for definitions; to provide for organization and control of merchant acquirer limited purpose banks; to provide for the promulgation of rules and regulations; to prohibit certain fees; to provide for requirements for articles of incorporation by merchant acquirer limited purpose banks; to provide for minimum requirements to operate as a merchant acquirer limited purpose bank; to provide for permissible activities of a merchant acquirer limited purpose bank; to provide for enforcement of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Georgia Merchant Acquirer Limited Purpose Bank Act"; to provide for definitions; to provide for organization and control of merchant acquirer limited purpose banks; to provide for the promulgation of rules and regulations; to provide for requirements for articles of incorporation by merchant acquirer limited purpose banks; to provide for a registered agent requirement; to provide for applicable fees; to provide for a procedure for application approval and denial; to provide for the issuance and effect of certificates of incorporation; to provide for liability for conducting business as a merchant acquirer limited purpose bank without department approval; to provide for minimum requirements to operate as a merchant acquirer limited purpose bank; to provide for permissible activities of a merchant acquirer limited purpose bank; to provide for enforcement of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding a new Chapter 9 to read as follows:
"CHAPTER 9
7-9-1. This chapter shall be known and may be cited as the 'Georgia Merchant Acquirer Limited Purpose Bank Act.'
7-9-2. As used in this chapter, the term:
(1) 'Commissioner' means the commissioner of banking and finance. (2) 'Corporation' means a corporation, whether profit or nonprofit, and includes a professional corporation or joint-stock association, organized under the laws of this state, the United States, or any other state, territory, or dependency of the United States or under the laws of a foreign country. (3) 'Department' means the Department of Banking and Finance. (4) 'Eligible organization' means a corporation, limited liability company, partnership, or other entity, including an affiliate of a merchant acquirer limited purpose bank, that at all times maintains an office in the State of Georgia at which it or its parent, affiliates, or subsidiaries employ at least 250 persons residing in this

WEDNESDAY, FEBRUARY 29, 2012

1703

state who are directly or indirectly engaged in merchant acquiring activities or settlement activities, including providing the following services related to merchant acquiring activities or settlement activities, either for the eligible organization or on behalf of other domestic or foreign corporations, limited liability companies, partnerships, or other entities, including, but not limited to, merchant acquirer limited purpose banks:
(A) Administrative support; (B) Information technology support; (C) Financial support; and (D) Tax and finance support. (5) 'Holding company' means any company that controls a merchant acquirer limited purpose bank. For purposes of this paragraph, the terms 'company' and 'control' shall have the meanings set forth in Code Section 7-1-605. (6) 'Merchant acquirer limited purpose bank' means a corporation chartered under this chapter and the activities of which are limited to those permitted under Code Section 7-9-11. (7) 'Merchant acquiring activities' means the various activities associated with effecting transactions within payment card networks, including obtaining and maintaining membership in one or more payment card networks; signing up and underwriting merchants to accept payment card network branded payment cards; providing the means to authorize valid card transactions at client merchant locations; facilitating the clearing and settlement of the transactions through a payment card network; providing access to one or more payment card networks to merchant acquirer limited purpose bank affiliates, customers, or customers of its affiliates; sponsoring the participation of merchant acquirer limited purpose bank affiliates, customers, or customers of its affiliates in one or more payment card networks; and conducting such other activities as may be necessary, convenient, or incidental to effecting transactions within payment card networks. (8) 'Payment card network' means any organization, group, system, or other collection of individuals or entities that is organized to allow participants to accept or make payments for goods or services using a credit card, debit card, or any other payment device. (9) 'Settlement activities' means the processing of payment card transactions to send to a payment card network for processing, to make payments to a merchant, and, ultimately, for cardholder billing.
7-9-3. (a) Subject to the provisions of this chapter and to the approval of the commissioner, any domestic or foreign corporation or limited liability company may organize, own, and control a merchant acquirer limited purpose bank. This chapter does not create an obligation for entities performing merchant acquiring services and settlement services to be chartered by the department, and the department shall have no authority to regulate such entities not chartered as merchant acquirer limited purpose banks.

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(b) In connection with the application to charter, or to own and control a merchant acquirer limited purpose bank, the applicant shall pay applicable fees established by regulation of the department to defray the costs of the investigation and review of the application. (c) The department shall, by regulation, prescribe annual examination fees, charter fees, registration fees, and supervision fees to be paid by each merchant acquirer limited purpose bank. In addition, the department may, by regulation, prescribe reasonable application and related fees, special investigation fees, hearing fees, and fees to provide copies of any book, account, report, or other paper filed in its office or for any certification thereof or for processing any papers as required by this title. The department, in its discretion, may require the payment of such fees in any manner deemed to be efficient, including collection through automated clearing-house arrangements or other electronic means, so that the state receives funds no later than the date the payment is required to be made. (d) The merchant acquirer limited purpose bank shall have, within one year after the date it receives its charter, no fewer than 50 employees located in this state devoted to merchant acquiring activities; provided, however, a merchant acquirer limited purpose bank may contract with an eligible organization for the performance of merchant acquiring activities, settlement activities, or any of the other services identified in paragraph (4) of Code Section 7-9-2, and when a merchant acquirer limited purpose bank enters into such contracts with an eligible organization for merchant acquiring activities, settlement activities, or any other services identified in paragraph (4) of Code Section 7-9-2, the minimum number of employees in this state shall be determined by the commissioner at a level to assure the continued and substantive presence of the merchant acquirer limited purpose bank in this state for the purpose of conducting its corporate affairs and operations. If a merchant acquirer limited purpose bank contracts with an eligible organization that is an affiliate of the merchant acquirer limited purpose bank, the commissioner shall consider the eligible organization's or its parent's, affiliates', or subsidiaries' employees engaged on behalf of the merchant acquirer limited purpose bank as employees of the merchant acquirer limited purpose bank for purposes of complying with this subsection.
7-9-4. (a) The articles of incorporation of a merchant acquirer limited purpose bank shall be signed by the incorporator and shall set forth in the English language:
(1) The name of the merchant acquirer limited purpose bank; (2) The street address and county where the main office will be located; (3) The name of the initial registered agent; (4) The street address where its initial registered office will be located; (5) A statement that 'This corporation is subject to the "Georgia Merchant Acquirer Limited Purpose Bank Act"'; (6) The aggregate number of shares which the merchant acquirer limited purpose bank shall have authority to issue, and:

WEDNESDAY, FEBRUARY 29, 2012

1705

(A) If the shares are to consist of one class only, the par value of each of the shares;

or

(B) If the shares are to be divided into classes, the number of shares of each class,

the par value of each share of each class, a description of each class, and a statement

of the preferences, redemption provisions, qualifications, limitations, restrictions,

and the special or relative rights granted to or imposed upon the shares of each

class;

(7) The term for which the merchant acquirer limited purpose bank is to exist, which

shall be perpetual unless otherwise limited; and

(8) Any provision not inconsistent with law which the incorporators may choose to

include for the regulation of the internal affairs and business of the merchant acquirer

limited purpose bank.

(b) It shall not be necessary to set forth in the articles of incorporation any of the

corporate or operational powers set forth in this chapter.

(c) The applicant shall file with the department, in triplicate, the articles of

incorporation, together with any fee required by the department. Such filing shall

constitute an application for a certificate of incorporation. Immediately upon the filing

of the articles of incorporation, the department shall certify one copy thereof and return

it to the applicant, who shall, in conformity with Code Section 7-1-7 and on the next

business day following the filing of the articles, transmit for publication in the

newspaper which is the official organ of the county where the merchant acquirer

limited purpose bank will be located a copy of the articles or, in lieu thereof, a

statement that reads substantially as follows:

'An application for a certificate of incorporation of a merchant acquirer limited

purpose bank to be known as the

and to be located at

in

County, Georgia, will be made to the Secretary of State of Georgia in

accordance with Chapter 9 of Title 7 of the Official Code of Georgia Annotated,

known as the "Georgia Merchant Acquirer Limited Purpose Bank Act." A copy of the

articles of incorporation of the proposed merchant acquirer limited purpose bank and

the application have been filed with the Department of Banking and Finance.'

The articles of incorporation or the statement must be published once a week for two

consecutive weeks with the first publication occurring within ten days of receipt by the

newspaper of the articles of incorporation or statement.

(d) Each merchant acquirer limited purpose bank shall name a registered agent and

inform the department and the Secretary of State of its current registered agent.

7-9-5. An application to the department to charter or to own or control a merchant acquirer limited purpose bank shall include:
(1) Any information desired by the department in order to evaluate the proposed institution which shall be made available in the form specified by the department;

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(2) A certificate of the Secretary of State showing that the proposed name of the merchant acquirer limited purpose bank has been reserved pursuant to Code Section 7-1-131; and (3) Applicable fees established by regulation of the department to defray the expense of the investigation required by Code Section 7-9-6.
7-9-6. (a)(1) Upon receipt of the articles of incorporation and the filings and fees from the applicant as required under this chapter, the department shall conduct such investigation as it may deem necessary to ascertain whether it should approve the proposed merchant acquirer limited purpose bank. The department shall approve the merchant acquirer limited purpose bank if it determines in its discretion that:
(A) The articles of incorporation and supporting items satisfy the requirements of this chapter; (B) The character and fitness of the applicant, directors, and proposed officers are such as to warrant the belief that the business of the proposed merchant acquirer limited purpose bank will be honestly and efficiently conducted; and (C) The capital structure of the merchant acquirer limited purpose bank is adequate in relation to the amount and character of the anticipated business of the merchant acquirer limited purpose bank. (2) Within 90 days after receipt of the articles of incorporation and the filings and fees from the applicant as required by Code Sections 7-9-3 and 7-9-5, the department shall approve or disapprove the proposed merchant acquirer limited purpose bank. The department may impose conditions to be satisfied prior to the issuance of its approval of a merchant acquirer limited purpose bank. If the department, in its discretion, approves the proposed merchant acquirer limited purpose bank with or without conditions, it shall deliver its written approval of the articles of incorporation to the Secretary of State and notify the applicant of its action. If the department, in its discretion, disapproves the proposed merchant acquirer limited purpose bank, it shall notify the applicant of its disapproval and state generally the unfavorable factors influencing its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90. (b) In the event the department denies an application to charter or to own or control a merchant acquirer limited purpose bank, the applicant may submit a new application at any time following notice of final denial. The applicant shall not be prejudiced by any prior denials by the department.
7-9-7. The Secretary of State shall immediately issue a certificate of incorporation to a proposed merchant acquirer limited purpose bank upon submission of:
(1) Written approval of the department with a copy of the articles of incorporation attached;

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1707

(2) An affidavit executed by the duly authorized agent or publisher of a newspaper swearing that the articles of incorporation or a summary statement publication as provided for in Code Section 7-9-4 have been published; and (3) All required fees and charges required by law so long as name of the proposed merchant acquirer limited purpose bank continues to be reserved or is available. The Secretary of State shall retain on file a copy of the certificate, the articles of incorporation, the department's approval, and the publisher's certificate.
7-9-8. (a) The corporate existence of the merchant acquirer limited purpose bank shall begin upon the issuance of a certificate of incorporation by the Secretary of State. Those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the merchant acquirer limited purpose bank. The department shall have full authority to regulate and supervise the activities of promoters, incorporators, subscribers for shares, and all persons soliciting offers to subscribe for shares in any merchant acquirer limited purpose bank established under this chapter. Any entity in the process of seeking approval as a merchant acquirer limited purpose bank shall be classified as a merchant acquirer limited purpose bank in formation and persons named in the articles of incorporation or approved by the department as initial directors of such entity shall not be considered 'agents' or 'broker-dealers' as defined in Code Section 105-2. (b) A certificate of incorporation shall be conclusive evidence that a merchant acquirer limited purpose bank has been incorporated; however, the state may institute proceedings to dissolve, wind up, and terminate a merchant acquirer limited purpose bank in conformity with Code Section 7-1-92 and applicable provisions of this chapter. (c) A charter to begin business shall be issued to a merchant acquirer limited purpose bank by the department when:
(1) Capital stock of the merchant acquirer limited purpose bank satisfies the requirements of Code Section 7-9-10; (2) Bylaws of the merchant acquirer limited purpose bank have been filed with the department; (3) A registered agent and registered office for the merchant acquirer limited purpose bank has been designated in conformity with Code Section 7-1-132; (4) The merchant acquirer limited purpose bank has been chartered and is ready to begin the business for which it was incorporated; (5) All conditions imposed by the department in giving its approval of the proposed merchant acquirer limited purpose bank under this chapter have been satisfied; and (6) The department has received an affidavit attesting that the requirements of this subsection have been satisfied signed by the president or secretary and at least a majority of the directors of the merchant acquirer limited purpose bank.

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7-9-9. The applicant and other persons who charter a merchant acquirer limited purpose bank which transacts business before its capital stock have been paid in as required by Code Section 7-9-8 shall be jointly and severally liable to creditors for the amounts not paid in by subscribers or any other deficiencies. Such liability shall be deemed an asset of the merchant acquirer limited purpose bank and may be enforced by it, its successors or assignees, by a shareholder suing derivatively, or by a receiver appointed by the department.
7-9-10. A merchant acquirer limited purpose bank shall at all times maintain capital stock and paid-in surplus as required by policies of the department but in no event less than $2 million.
7-9-11. (a) A merchant acquirer limited purpose bank may only accept deposits from a corporation, limited liability company, partnership, or other entity that owns a majority of the shares of the merchant acquirer limited purpose bank. A merchant acquirer limited purpose bank shall not operate in a manner that attracts depositors from the general public, and no deposit may be withdrawn by the depositor by check or similar means for payment to third parties or others. A merchant acquirer limited purpose bank may not accept 'brokered deposits' as that term is defined in the Federal Deposit Insurance Act as such existed on January 1, 2012, or the regulations adopted by the Federal Deposit Insurance Corporation in force and effect on January 1, 2012. (b) A merchant acquirer limited purpose bank shall conduct its deposit-taking activities only from a single location within this state. (c) A merchant acquirer limited purpose bank may apply to receive deposit insurance from the Federal Deposit Insurance Corporation or its successor agency. (d) Notwithstanding subsection (a) of this Code section, the business conducted by a merchant acquirer limited purpose bank shall be merchant acquiring activities.
7-9-12. (a) All merchant acquirer limited purpose banks chartered by the department shall be subject to supervision, regulation, and examination by the department, including, but not limited to, the examination powers as provided in Code Sections 7-1-64 through 71-73, and the department shall have all enforcement powers provided in this title. (b) In the event any chartered merchant acquirer limited purpose bank does not conduct its activities within the limitations provided in Code Section 7-9-11, the department may require such merchant acquirer limited purpose bank to cease all unauthorized activities. In the event such chartered merchant acquirer limited purpose bank fails to abide by such order, the department may:

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1709

(1) Impose upon the chartered merchant acquirer limited purpose bank or its parent holding company a penalty of up to $10,000.00 per day for each day such order is violated; and (2) Require divestiture of such chartered merchant acquirer limited purpose bank by any holding company not qualified to acquire such chartered merchant acquirer limited purpose bank on the date it ceased to operate within the limitations imposed by Code Section 7-9-11 and became a bank for purposes of this title. (c) The department shall have the power to promulgate rules and regulations implementing the provisions of this chapter."

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

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

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

Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood E Baker Y Battles Y Beasley-Teague Y Bell N Benfield Y Benton Y Beverly Y Black N Braddock N Brockway Y Brooks N Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas N Clark, J Y Clark, V Y Coleman

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar
Drenner E Dudgeon Y Dukes N Dunahoo N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans N Floyd
Fludd N Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B

Heckstall Y Hembree Y Henson Y Hightower E Hill
Holcomb Y Holmes N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G

Y McBrayer Y McCall
McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J
Pruett Y Purcell Y Ramsey Y Randall
Reece Rice Y Riley Y Roberts Y Rogers, C

Y Shaw Y Sheldon E Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T N Teasley Y Thomas
VACANT Y Waites Y Watson
Welch Weldon Y Wilkerson E Wilkinson Y Willard Y Williams, A Y Williams, C

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Y Collins Y Cooke Y Coomer
Cooper N Crawford

Y Harden, M Harrell
Y Hatchett N Hatfield Y Heard

Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler

N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 135, nays 20.

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

Representative Welch of the 110th 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 Abdul-Salaam of the 74th, Pruett of the 144th, and Rice of the 51st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative McBrayer of the 153rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 520. By Representative Parsons of the 42nd:

A BILL to be entitled an Act to amend Code Section 46-3-56 of the Official Code of Georgia Annotated, relating to requirements to purchase energy from a customer generator and safety standards and regulations, so as to change the amount of energy an electric service provider is required to purchase from an eligible customer generator; 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
Allison Y Amerson
Anderson Y Ashe Y Atwood E Baker Y Battles Y Beasley-Teague Y Bell Y Benfield

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo

Heckstall Y Hembree Y Henson Y Hightower E Hill
Holcomb Y Holmes Y Holt
Horne Y Houston Y Howard Y Hudson

Y McBrayer Y McCall
McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E
Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M

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Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Dutton Y Ehrhart Y England Y Epps, C
Epps, J E Evans Y Floyd
Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B E Harden, M
Harrell Y Hatchett Y Hatfield Y Heard

Y Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane
Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A
Powell, J Pruett Y Purcell Y Ramsey Y Randall Y Reece Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson Y Willard Y Williams, A
Williams, C Y Williams, E Y Williams, R Y Williamson 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.

Representatives Abdul-Salaam of the 74th, Pruett of the 144th, and Rice of the 51st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Byrd of the 20th and Hatfield of the 177th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

HB 863. By Representatives Hatchett of the 143rd, Hamilton of the 23rd, Stephens of the 164th, Roberts of the 154th, Carter of the 175th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by revising subsection (a) of Code Section 50-5-69, relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council, as follows:
"(a) If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $5,000.00 $25,000.00 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 the Technical College System of Georgia 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 public 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

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council and the method and manner in which such council will assist and advise the commissioner of administrative services."
SECTION 2. Said article is further amended by revising Code Section 50-5-120, relating to a short title, as follows:
"50-5-120. This part shall be known and may be cited as 'The Small Business Assistance Act of 1975 2012.'"
SECTION 3. Said article is further amended by revising Code Section 50-5-121, relating to definitions relative to small business assistance, as follows:
"50-5-121. For the purposes of this part, the term:
(1) 'Department' means the Department of Administrative Services. (2) 'Georgia resident business' means any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal to the state or a new business that is domiciled in Georgia and which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place from which business is conducted shall not include a post office box, a leased private mailbox, site trailer, or temporary structure. (2)(3) 'Small business' means a Georgia resident business which is independently owned and operated. In addition, such business must have either fewer than 100 500 employees or less than $1 million $50 million in gross receipts per year."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Hatchett of the 143rd and Roberts of the 154th offer the following amendment:
Amend the House Committee on State Institutions and Property substitute to HB 863 (LC 36 2079-ECS) by inserting after "assistance;" on line 6 the following: to provide for automatic repeal; to provide effective dates;
By inserting between lines 7 and 8 the following:
Part 1 By redesignating Sections 1, 2, and 3 as Sections 1-1, 1-2, and 1-3, respectively.

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By replacing "500" with "300" on line 56.
By replacing "$50 million" with "$30 million" on line 57.
By inserting between lines 57 and 58 the following:
Part 2 SECTION 2-1. Said article is further amended by revising subsection (a) of Code Section 50-5-69, relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council, 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 the Technical College System of Georgia 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 public 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 2-2. Said article is further amended by revising Code Section 50-5-120, relating to a short title, as follows:
"50-5-120. This part shall be known and may be cited as 'The Small Business Assistance Act of 1975.'"

WEDNESDAY, FEBRUARY 29, 2012

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SECTION 2-3. Said article is further amended by revising Code Section 50-5-121, relating to definitions relative to small business assistance, as follows:
"50-5-121. For the purposes of this part, the term:
(1) 'Department' means the Department of Administrative Services. (2) 'Small business' means a business which is independently owned and operated. In addition, such business must have either fewer than 100 employees or less than $1 million in gross receipts per year."

Part 3 SECTION 3-1. This part and Part 1 of this Act shall become effective on July 1, 2012. The amendments made by Part 1 of this Act shall stand repealed on July 1, 2015, on which date Part 2 of this Act shall become effective.

By redesignating Section 4 as Section 3-2.

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:

Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker Y Battles N Beasley-Teague N Bell N Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks N Bruce N Bryant N Buckner Y Burns

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar N Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton
Ehrhart Y England N Epps, C Y Epps, J E Evans Y Floyd Y Fludd N Frazier N Fullerton

Heckstall Y Hembree N Henson Y Hightower E Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson N Johnson Y Jones, J N Jones, S Y Jordan

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell
Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J

Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT

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Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

N Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield N Heard

N Kaiser N Kendrick E Kidd
Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning N Marin Y Martin Y Maxwell N Mayo

Pruett Y Purcell Y Ramsey
Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S Y Setzler

N Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 38.

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

Representative Long of the 61st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

HB 641. By Representatives Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Collins of the 27th, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings; to provide for the Office of the Child Advocate for the Protection of Children; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services so as to provide for an appeal procedure when the Division of Family and Children Services of the Department of Human Services fails to provide aftercare and transitional services to certain children; to provide for the Department of Human Services to provide for performance measures for an independent living skills program; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; and for other purposes.

The following Committee substitute was read and adopted:

WEDNESDAY, FEBRUARY 29, 2012

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A BILL TO BE ENTITLED AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings; to provide for purpose statements; to provide for definitions; to provide for general provisions; to provide for juvenile court administration; to provide for dependency proceedings; to provide for venue; to provide for taking children into care; to provide for preliminary protective hearings; to provide for petitions alleging dependency; to provide for summons and service; to provide for preadjudication procedures; to provide for adjudication; to provide for predisposition social study; to provide for family reunification determinations; to provide for disposition of dependent children; to provide for permanency plan hearings for dependent children; to provide for permanent guardianship; to provide for termination of parental rights; to provide for petitions to terminate parental rights and summons; to provide for hearings on such petitions; to provide for grounds for terminating parental rights; to provide for disposition of children whose parental rights have been terminated; to provide for independent living services; to provide for children in need of services; to provide for informal procedures for children in need of services; to provide for formal court proceedings for children in need of services; to provide for preadjudication custody and release of children in need of services; to provide for a petition seeking an adjudication that a child is in need of services; to provide for adjudication, disposition, and reviews; to provide for a permanency plan for children in need of services; to provide for mental health issues; to provide for delinquency; to provide for custody and release of a child; to provide for intake or arraignment; to provide for informal adjustment; to provide for a petition alleging delinquency and summons; to provide for preadjudication procedures for delinquency proceedings; to provide for transfers to superior court; to provide for adjudication of delinquency; to provide for predisposition investigation; to provide for disposition hearings for delinquent children; to provide for permanency plans for delinquent children; to provide for traffic offenses; to provide for competency in delinquency cases; to provide for parental notification of abortions; to provide for access to hearings and records; to provide for emancipation of minors; to provide for the Office of the Child Advocate for the Protection of Children; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services so as to provide for an appeal procedure when the Division of Family and Children Services of the Department of Human Services fails to provide aftercare and transitional services to certain children; to provide for the Department of Human Services to provide for performance measures for an independent living skills program; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I JUVENILE CODE
SECTION 1-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Chapter 11, relating to juvenile proceedings, in its entirety as follows:
"CHAPTER 11 ARTICLE 1
15-11-1. The purpose of this chapter is to secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure the child's moral, emotional, mental, and physical welfare as well as the safety of both the child and community. It is the intent of the General Assembly to promote a juvenile justice system that will protect the community, impose accountability for violations of law, provide treatment and rehabilitation, and equip juvenile offenders with the ability to live responsibly and productively. It is the intent of the General Assembly to preserve and strengthen family relationships, countenancing the removal of a child from his or her home only when state intervention is essential to protect the child and enable him or her to live in security and stability. In every proceeding, this chapter seeks to guarantee due process of law, as required by the Constitutions of the United States and the State of Georgia, through which every child and parent and all other interested parties are assured fair hearings at which legal rights are recognized and enforced. Above all, this chapter shall be liberally construed to reflect that the paramount child welfare policy of this state is to determine and ensure the best interests of its children.
15-11-2. As used in this chapter, the term:
(1) 'Abandonment' or 'abandoned' means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent may be evidenced by:
(A) Failure, for a period of at least six months, to communicate meaningfully with a child; (B) Failure, for a period of at least six months, to maintain regular visitation with a child; (C) Leaving a child with another person without provision for the child's support for a period of at least six months;

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(D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite the parent, guardian, or legal custodian with a child; (E) Leaving a child without affording means of identifying the child or the parent, guardian, or legal custodian and:
(i) The identity of the parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and (ii) The parent, guardian, or legal custodian has not come forward to claim the child within three months following the finding of the child; (F) Being absent from the home for a period of time that creates a substantial risk of serious harm to a child left in the home; (G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or (H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims. (2) 'Abuse' means: (A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of the child; (B) Emotional abuse; (C) Sexual abuse or sexual exploitation; (D) Prenatal abuse; or (E) The commission of an act of family violence as defined in Code Section 19-131 in the presence of a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this subparagraph, the term 'presence' means physically present or able to see or hear. (3) 'Adult' means any individual who is not a child as defined in paragraph (10) of this Code section. (4) 'Affiliate court appointed special advocate program' means a locally operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interests of an abused and neglected child in dependency proceedings. (5) 'Aggravated circumstances' means the parent has: (A) Abandoned an infant; (B) Attempted, conspired to attempt, or has subjected a child or a sibling of the child to death or great bodily harm; (C) Attempted, conspired to attempt, or has subjected a child or a sibling of the child to torture, chronic abuse, sexual abuse, or sexual exploitation; or (D) Committed the murder or voluntary manslaughter of the other parent of the child or has been convicted of aiding or abetting, attempting, or soliciting the murder or voluntary manslaughter of the other parent of the child. (6) 'Biological father' means the male who impregnated the biological mother resulting in the birth of the child.

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(7) 'Business day' means Mondays through Fridays and shall not include weekends or legal holidays. (8) 'Caregiver' means any person providing a residence for a child or any person legally obligated to provide or secure adequate care for a child, including a parent, guardian, or legal custodian. (9) 'Case plan' means a plan which is designed to ensure that a child receives protection, proper care, and case management and may include services for the child, the child's parent, guardian, or legal custodian, and other caregivers. (10) 'Child' means any individual who is:
(A) Under the age of 18 years; (B) Under the age of 17 years when alleged to have committed a delinquent act; (C) Under the age of 22 years and in the care of DFCS; (D) Under the age of 23 years and is eligible for and receiving independent living services through DFCS; or (E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court. (11) 'Child in need of services' means: (A) A child who is found to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is found to be:
(i) Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant, as such term is defined in Code Section 15-11381, from school; (ii) Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances; (iii) A runaway, as such term is defined in Code Section 15-11-381; (iv) A child who has committed an offense applicable only to a child; (v) A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of 12:00 Midnight and 5:00 A.M.; (vi) A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or (vii) A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his or her parent, guardian, or legal custodian, or who possesses alcoholic beverages; (B) A child who has committed a delinquent act and is found to be in need of supervision but not of treatment or rehabilitation; or (C) A child who is alleged to have committed a delinquent act and is unrestorably incompetent to proceed. (12) 'Complaint' is the initial document setting out the circumstances that resulted in the child being brought before the court.

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(13) 'Court' means the juvenile court or the court exercising jurisdiction over juvenile matters. (14) 'Court appointed special advocate' or 'CASA' means a community volunteer who:
(A) Has been screened and trained regarding child abuse and neglect, child development, and juvenile court proceedings; (B) Has met all the requirements of an affiliate court appointed special advocate program; (C) Is being actively supervised by an affiliate court appointed special advocate program; and (D) Has been sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. (15) 'Criminal justice purposes' means the performance of any activity directly involving the investigation, detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused of, convicted of, adjudicated of, or charged with crimes, delinquent acts or the collection, storage, and dissemination of criminal history record information. (16) 'DBHDD' means the Department of Behavioral Health and Developmental Disabilities. (17) 'Delinquent act' means: (A) An act committed by a child designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the crime shall not be an offense applicable only to a child or a juvenile traffic offense; (B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudged to have committed a delinquent act; or (C) Failing to appear as required by a citation issued for an act that would be a crime if committed by an adult. (18) 'Delinquent child' means a child who has committed a delinquent act and is in need of treatment or rehabilitation. (19) 'Department' means the Department of Human Services. (20) 'Dependent child' means a child who: (A) Has been abused or neglected and is in need of the protection of the court: (B) Has been placed for care or adoption in violation of law; or (C) Is without a parent, guardian, or legal custodian. (21) 'Designated felony act' means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes: (A) Aggravated assault; (B) Aggravated battery or battery in violation of Code Section 16-5-23.1 if the victim is a teacher or other school personnel;

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(C) Armed robbery not involving a firearm; (D) Arson in the first or second degree; (E) Attempted murder; (F) Conspiracy in violation of Article 4 of Chapter 7 of Title 16; (G) Escape in violation of Code Section 16-10-52 if the child has previously been adjudicated to have committed a designated felony; (H) Hijacking a motor vehicle; (I) Kidnapping or attempted kidnapping; (J) Possession, manufacture, or distribution of destructive devices and any other violation of Code Section 16-7-82 or 16-7-84; (K) Racketeering in violation of Code Section 16-14-4; (L) Robbery; (M) Trafficking of certain controlled substances in violation of Code Section 1613-31; (N) Any violation of Code Section 16-7-2; (O) Any violation of Code Section 16-15-4; (P) Any subsequent violation of Code Sections 16-8-2 through 16-8-9, if the property which was the subject of the theft was a motor vehicle and the child committing the violation has had one or more separate, prior adjudications of delinquency based upon a violation of Code Sections 16-8-2 through 16-8-9, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (Q) Any subsequent violation of Code Section 16-7-85 or 16-7-87, if the child committing the violation has had one or more separate, prior adjudications of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (R) Any subsequent violation of subsection (b) of Code Section 16-11-132, if the child committing the violation has had one or more separate, prior adjudications of delinquency based upon a violation of subsection (b) of Code Section 16-11-132, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; or (S) Any other act which, if committed by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if committed by an adult, would have been felonies, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Such term shall also mean an act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or which is a first violation of Code Section 16-11-127.1 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 or any weapon as defined in Code Section 16-11-127.1, together with an assault.

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(22) 'Developmental level' is a child's ability to understand and communicate, taking into account such factors as age, maturity, mental capacity, level of education, cultural background, and degree of language acquisition. (23) 'DFCS' means the Division of Family and Children Services of the department. (24) 'DJJ' means the Department of Juvenile Justice. (25) 'Emancipation' means termination of the rights of a parent to the custody, control, services, and earnings of a child. (26) 'Emotional abuse' means acts or omissions by a person responsible for the care of the child that cause any mental injury to a child's intellectual or psychological capacity as evidenced by an observable and significant impairment in a child's ability to function within the child's normal range of performance and behavior or create a substantial risk of impairment, if the impairment or substantial risk of impairment is diagnosed and confirmed by a licensed mental health professional or physician qualified to render such diagnosis. (27) 'Evaluation' means a comprehensive, individualized examination of a child by an examiner that may include the administration of one or more assessment instruments. The purpose of an evaluation may include diagnosing the type and extent of a child's behavioral health disorders and needs, making specific recommendations, and assessing a child's legal competencies. (28) 'Examiner' means a licensed psychologist, psychiatrist, or clinical social worker who has expertise in child development specific to severe or chronic disability of children attributable to intellectual impairment or mental illness and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both. (29) 'Foster care' means placement in foster family homes, child care institutions, or another substitute care setting approved by the department. Such term shall exclude secure detention facilities or other facilities operated primarily for the purpose of detention of a child adjudicated delinquent. (30) 'Guardian ad litem' means an individual appointed to assist the court in determining the best interests of a child. (31) 'Guardianship order' means the court judgment that establishes a permanent guardianship and enumerates a permanent guardian's rights and responsibilities concerning the care, custody, and control of a child. (32) 'Identification data' means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of a child. (33) 'Imminent danger' means a determination that present or pending harm precludes less extreme solutions to the problem. In dependency cases, such determination shall be based on the assessment of the following nonexclusive factors:
(A) The severity, regularity, and duration of abuse or neglect to the child; (B) The strength of the evidence supporting the allegations of abuse or neglect; (C) The risk that the parent will flee with the child; (D) Any harm to the child that might result in removal; or (E) The time to obtain a court order.

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(34) 'Indigent person' means a person who, at the time of requesting an attorney, is unable without undue financial hardship to provide for full payment of an attorney and all other necessary expenses for representation or a child who is a party to a dependency proceeding. To determine indigence in a delinquency proceeding, the court shall follow the standards set forth in Chapter 12 of Title 17. (35) 'Informal adjustment' means the disposition of case other than by formal adjudication and disposition. (36) 'Judge' means the judge of the court exercising jurisdiction over juvenile matters. (37) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, DJJ staff member serving as an intake officer, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, which person is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention. (38) 'Legal custodian' means:
(A) A person to whom legal custody of the child has been given by order of a court; or (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of the child has been given by order of a court. (39) 'Legal father' means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; or (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22 or by voluntary acknowledgment of paternity that has not been rescinded pursuant to Code Section 19-7-46.1 and who has not surrendered or had terminated his rights to the child. (40) 'Legal mother' means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child. (41) 'Mediation' means the procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement. (42) 'Mediator' means a neutral third party who attempts to focus the attention of the parties upon their needs and interests rather than upon their rights and positions and who lacks the authority to impose any particular agreement upon the parties or to recommend any particular disposition of the case to the court.

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(43) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (44) 'Neglect' means:
(A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health or morals; (B) The failure to provide the child with adequate supervision necessary for the child's well-being; or (C) The abandonment of a child by his or her parent, guardian, or legal custodian. (45) 'Other persons who have demonstrated an ongoing commitment to the child' includes: (A) 'Fictive kin,' meaning a person who is known to a child as a relative, but is not, in fact, related by blood or marriage to the child and with whom the child has resided or had significant contact; and (B) 'Other individuals,' including but not limited to, neighbors, teachers, scout masters, caregivers, or parents of friends of the child and with whom a child has resided or had significant contact. (46) 'Parent' means either the legal father or the legal mother of the child. (47) 'Party' means a child, parent, guardian, legal custodian, or other person subject to any judicial proceeding under this chapter; provided, however, that for purposes of Article 7 of this chapter, only a child and the state shall be a party. (48) 'Permanency plan' means a specific written plan prepared by DFCS designed to ensure that a child is reunified with his or her family or ensure that the child quickly attains a substitute long-term home when return to the child's family is not possible or is not in the child's best interests. (49) 'Permanent placement' means: (A) Return of the legal custody of a child to the child's parent; (B) Placement of a child with an adoptive parent pursuant to a final order of adoption; or (C) Placement of a child with a permanent guardian. (50) 'Person responsible for the care of the child' means: (A) An adult member of the child's household; (B) A person exercising supervision over a child for any part of the 24 hour day; or (C) Any adult who, based on relationship to the parent, guardian, or legal custodian or a member of the child's household, has access to the child. (51) 'Preliminary protective hearing' means the hearing held within 72 hours after a child who is alleged to be abused or neglected is placed in foster care. (52) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, as such term is defined in Code Section 1613-21, which results in:

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(A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite thereof in the newborn's body, blood, urine, or meconium that is not the result of medical treatment; or (B) Medically diagnosed and harmful effects in the newborn's physical appearance or functioning. (53) 'Probation and intake officer' means any probation officer and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this chapter, other than a juvenile court judge, associate juvenile court judge, or court service worker. (54) 'Probation officer' means any personnel of a juvenile court or staff of DJJ to whom are delegated the duties of a probation officer under this chapter, other than a juvenile court judge or associate juvenile court judge. (55) 'Prosecuting attorney' means the district attorney of the judicial circuit or county in which juvenile proceedings are instituted or the solicitor of the juvenile court in which the juvenile proceedings are instituted or such individuals' designees. (56) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9. (57) 'Reasonable efforts' means due diligence and the provision of appropriate services. (58) 'Reasonably diligent search' means the efforts of DFCS to identify and locate a parent whose identity or location is unknown or a relative or other person who has demonstrated an ongoing commitment to a child. Such search shall be initiated at the outset of a case under Article 3 of this chapter and shall be conducted throughout the duration of a case, when appropriate. A reasonably diligent search shall include at a minimum: (A) Interviews with the child's parent during the course of an investigation, while child protective services are provided, and while the child is in care; (B) Interviews with the child; (C) Interviews with identified relatives throughout the case; (D) Interviews with any other person who is likely to have information about the identity or location of the person being sought; (E) Comprehensive searches of data bases available to DFCS including, but not limited to, searches of employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, corrections records, and any other records likely to result in identifying and locating the person being sought; (F) Appropriate inquiry during the course of hearings in the case; and (G) Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child. (59) 'Relative' means a person related to a child by blood, marriage, or adoption, including the spouse of any of those persons even if the marriage was terminated by death or dissolution.

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(60) 'Restitution' means any property, lump sum, or periodic payment ordered to be made to any victim. Restitution may also be in the form of services ordered to be performed by a child. (61) 'Screening' means a relatively brief process to identify a child who potentially may have mental health or substance abuse needs, through administration of a formal screening instrument, to identify a child who may warrant immediate attention or intervention or a further, more comprehensive evaluation. (62) 'Secure detention facility' means a detention facility operated by or on behalf of DJJ and shall include a Youth Development Campus or a Regional Youth Detention Center. (63) 'Services' means assistance including, but not limited to, care, guidance, education, counseling, supervision, treatment, and rehabilitation or any combination thereof. (64) 'Sexual abuse' means a caregiver or other person responsible for the care of the child employing, using, persuading, inducing, enticing, or coercing any child to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) The condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure by a licensed health care professional. (65) 'Sexual exploitation' means conduct by a caregiver or other person responsible for the care of the child who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, in violation of Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100. (66) 'Sibling' means a person with whom the child shares one or both parents in common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution. (67) 'Statutory overnight delivery' means delivery of notice as provided in Code Section 9-10-12. (68) 'Visitation' means a period of access to a child by a parent, guardian, legal custodian, sibling, other relative, or other person who has demonstrated an ongoing

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commitment to the child in order to maintain parental and familial involvement in the child's life when the child is not residing with such person. (69) 'Weekend' means Saturday or Sunday.
15-11-3. Through direct calendaring, whenever possible, a single judge shall hear all successive cases or proceedings involving the same child or family.
15-11-4. Where procedures are not provided in this chapter, the court shall proceed in accordance with:
(1) Title 17 in a delinquency proceeding; and (2) Chapter 11 of Title 9 in all other matters.
15-11-5. (a) When a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weekend, the party having such privilege or duty shall have through the following business day to exercise such privilege or discharge such duty. (b) When the last day prescribed for the exercise of any privilege or the discharge of any duty falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having such privilege or duty shall have through the next business day to exercise such privilege or discharge such duty. (c) When the period of time prescribed is less than seven days, intermediate weekends and legal holidays shall be excluded in the computation.
15-11-6. (a) Except as provided in subsection (b) of this Code section, a child attains a specified age the first second past midnight on the day of the anniversary of the child's birth. (b) A child born on February 29 attains a specified age on March 1 of any year that is not a leap year.
15-11-7. (a) The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 or more years of age that may be in violation of the laws of this state whenever such person is brought before the court in the course of any proceeding instituted under this chapter. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest.

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(b) When, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make such bail as the court shall deem proper under the circumstances and to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law.
15-11-8. The juvenile court is a court of record having a seal. The judge and the judge's duly appointed representatives shall each have power to administer oaths and affirmations.
15-11-9. The juvenile court judge, associate juvenile court judge, and judge pro tempore shall have authority to issue a warrant for the arrest of any child for an offense committed against the laws of this state, based either on personal knowledge or the information of others given under oath.
15-11-10. Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:
(1) Concerning any child who: (A) Is alleged to be delinquent; (B) Is alleged to be a child in need of services; (C) Is alleged to be dependent; (D) Is alleged to be in need of treatment or commitment as a mentally ill or developmentally disabled child; (E) Is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-630; (F) Has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the child's seventeenth birthday; (G) Has remained in foster care after the child's eighteenth birthday or who is receiving independent living services from DFCS after the child's eighteenth birthday; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of the child and the services being provided to the child as a result of the child's independent living plan or status as a child in foster care; or (H) Requires a comprehensive services plan in accordance with Code Section 1511-658; or
(2) Involving any proceedings:

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(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law; (B) For permanent guardianship brought pursuant to the provisions of Article 3 of this chapter; (C) Under Code Section 39-3-2, the Interstate Compact on Juveniles, or any comparable law, enacted or adopted in this state; (D) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Article 1 of Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; (E) For emancipation brought pursuant to the provisions of Article 11 of this chapter; (F) Under Article 9 of this chapter, relating to prior notice to a parent, guardian, or legal custodian relative to an unemancipated minor's decision to seek an abortion; or (G) Brought by a local board of education pursuant to Code Section 20-2-766.1 relating to court orders requiring that a parent, guardian, or legal custodian attend a conference or participate in programs or treatment to improve a student's behavior.
15-11-11. (a) The juvenile court shall have concurrent jurisdiction to hear:
(1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child who is alleged to be dependant; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The issue of custody and support when the issue is transferred by proper order of the superior court; and (4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court. (b) If a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial.
15-11-12. (a) Nothing in this chapter shall be construed to prevent a child from being found both dependent and delinquent or both dependent and a child in need of services if there exists a factual basis for such a finding. (b) If a child alleged or found to be delinquent or a child in need of services is also alleged or found to be dependent, dependency proceedings may be consolidated with delinquency or child in need of services proceedings to the extent consistent with due process of law as provided in Articles 3, 6, and 7 of this chapter.

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(c) The time frames and requirements of Article 3 of this chapter shall apply to cases in which a child alleged or found to be a child in need of services or delinquent is placed in foster care and has also been alleged or found to be dependent.
15-11-13. The court shall have jurisdiction to appoint a guardian of the person or conservator of the property of any child in any proceeding authorized by this chapter. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons and conservators of the properties of any child by the probate court.
15-11-14. (a) The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8. (b) After notice and hearing, the court may make one of the following orders:
(1) That the temporary guardianship be established or continued if the court determines that the temporary guardianship is in the best interests of the child. The order shall thereafter be subject to modification only as provided in Code Section 1511-32; or (2) That the temporary guardianship be terminated if the court determines it is in the best interests of the child. The child shall be returned to the parent unless the court determines that there is probable cause to believe the child would be abused, neglected, or abandoned in the custody of the child's parent. (c) A case shall proceed as a dependency matter pursuant to the provisions of Article 3 of this chapter if, after notice and hearing, the court determines: (1) That it is in the best interests of the child that the temporary guardianship not be established or that the temporary guardianship be terminated but there is probable cause to believe the child would be abused, neglected, or abandoned if returned to the parent; or (2) That it is in the best interests of the child that the temporary guardianship be continued over the parent's objection. (d) The court may refer a case transferred from probate court to DFCS for further investigation.
15-11-15. (a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination. (b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under

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this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court. (c) At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.
15-11-16. (a) A proceeding under this chapter may be commenced:
(1) By an order of transfer of a case from another court as provided in Code Section 15-11-11 or 15-11-567 or subsection (f) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8; (2) By the summons, notice to appear, or other citation in a proceeding charging a juvenile traffic offense or a violation of the laws, rules, and regulations governing the Georgia Department of Natural Resources Game and Fish Division; or (3) By the filing of a petition for adoption or legitimation under Code Section 15-1111, or in other cases by the filing of a complaint or a petition as provided in Articles 3, 4, 6, 7, 9, and 11 of this chapter. (b) The petition and all other documents in the proceeding shall be entitled 'In the interest of _____, a child,' except upon appeal. (c) On appeal, the anonymity of the child, and where appropriate, a victim or witness who is under the age of 18 years, shall be preserved by appropriate use of the child's, victim's, or witness's initials as appropriate.
15-11-17. (a) All hearings under this chapter shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court. (b) Except as otherwise provided, all hearings shall be conducted in accordance with Title 24. (c) The proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the proceedings. (d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this chapter in any county within the judicial circuit. When a superior court judge sits as a juvenile court judge, hearings in connection with any proceeding under this chapter may be heard before such judge in any county within the judicial circuit over which the judge presides.
15-11-18. Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue subpoenas in accordance with the provisions of Title 24 requiring attendance and testimony of witnesses and production of papers at any hearing under this chapter.

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15-11-19. (a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to exclude a child from any part or parts of any proceeding under Article 3 of this chapter if the court determines that it is not in the child's best interests to be present. The attorney for the child shall not be excluded. (b) A person afforded rights under this chapter shall be advised of such rights at that person's first appearance before the court.
15-11-20. (a) At any time during a proceeding under this chapter, the court may refer the case to mediation. (b) When referring a case to mediation, the court shall take into consideration the guidelines from the Georgia Commission of Dispute Resolution for mediating cases involving domestic violence or family violence. (c) A referral order shall recite that while the parties shall attend a scheduled mediation session and shall attempt to mediate in good faith, such parties shall not be required to reach an agreement. (d) Victims in a delinquency case referred to mediation may attend and participate in such mediation.
15-11-21. (a) Once an order referring a case to mediation has been signed, the court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases. (b) The court shall appoint a qualified mediator within five days of signing the order referring the case to mediation.
15-11-22. (a) The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties' intent to resolve such controversies through mediation, and specify the circumstances under which mediation may continue. The agreement to mediate shall specify the confidentiality requirements of mediation and the exceptions to confidentiality in mediation as such are set forth in the Supreme Court of Georgia's Uniform Rules for Alternative Dispute Resolution Programs. (b) A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, the absence of bargaining ability, unconscionability, or lack of court jurisdiction. (c) Prior to the parties signing an agreement to mediate, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation. (d) The mediator shall at all times be impartial.

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15-11-23. (a) Upon issuing a referral to mediation the court may stay the proceeding. (b) Mediation shall occur as soon as practicable and be scheduled within 30 days of the order referring the matter to mediation unless the time frame is extended by the court. (c) The court may extend the timeline for scheduling a mediation for an additional 30 days.
15-11-24. (a) Either party may withdraw from or terminate further participation in mediation at any time. (b) A mediator shall terminate mediation when:
(1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process; (2) The mediator concludes that a party lacks the capacity to perceive and assert his or her own interests to the degree that a fair agreement cannot be reached; (3) The mediator concludes that an agreement is unlikely; or (4) The mediator concludes that a party is a danger to himself or herself or others.
15-11-25. (a) All mediation agreements shall be presented to the juvenile court judge for approval. (b) The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best interests of the child.
15-11-26. Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of the child's age and developmental needs. Such factors shall include:
(1) The physical safety and welfare of the child, including food, shelter, health, and clothing; (2) The love, affection, bonding, and emotional ties existing between the child and each parent or person available to the care for the child; (3) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (4) The child's need for permanence, including the child's need for stability and continuity of relationships with a parent, siblings, other relatives, and any other person who has provided significant care of the child; (5) The child's sense of attachments, including the child's sense of security, the child's sense of familiarity, and continuity of affection for the child;

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(6) The capacity and disposition of each parent or person available to care for the child to give the child love, affection, and guidance and to continue the education and rearing of the child; (7) The home environment of each parent or person available to care for the child considering the promotion of nurturance and safety of the child rather than superficial or material factors; (8) The stability of the family unit and the presence or absence of support systems within the community to benefit the child; (9) The mental and physical health of all individuals involved; (10) The home, school, and community record and history of the child, as well as any health or educational special needs of the child; (11) The child's community ties, including church, school, and friends; (12) The child's background and ties, including familial, cultural, and religious; (13) The least disruptive placement alternative for the child; (14) The uniqueness of every family and child; (15) The risks attendant to entering and being in substitute care; (16) The child's wishes and long-term goals; (17) The preferences of the persons available to care for the child; (18) Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in any current, past, or considered home for the child; (19) Any recommendation by a court appointed custody evaluator or guardian ad litem; and (20) Any other factors considered by the court to be relevant and proper to its determination.
15-11-27. During the pendency of any proceeding under this chapter, the court may order:
(1) The child to be examined by outside parties or private providers at a suitable place by a physician or psychologist; provided, however, that orders to perform an evaluation shall not be imposed upon DJJ; and (2) Medical or surgical treatment of a child who is suffering from a serious physical condition or illness which, in the opinion of a licensed physician, requires prompt treatment, even if the parent, guardian, or legal custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his or her refusal to consent to the treatment.
15-11-28. (a) No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to, court ordered screenings, shall be admitted into evidence in any adjudication hearing in which the child is accused under this chapter. Such admission, confession, or incriminating information may be considered by the court at disposition.

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(b) No admission, confession, or incriminating information obtained from a child in the course of any assessment or evaluation, or any treatment that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered assessments and evaluations, shall be admitted into evidence against the child, except as rebuttal or impeachment evidence, or used as a basis for such evidence, in any future adjudication hearing or criminal proceeding in which the child is accused. Such admission, confession, or incriminating information may be considered by the court at disposition.
15-11-29. (a) In any proceeding under this chapter, either on application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:
(1) To stay away from the home or the child; (2) To permit a parent to visit the child at stated periods; (3) To abstain from offensive conduct against the child, the child's parent, or any person to whom custody of the child is awarded; (4) To give proper attention to the care of the home; (5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court; (6) To refrain from acts of commission or omission that tend to make the home not a proper place for the child; (7) To ensure that the child attends school pursuant to any valid law relating to compulsory attendance; (8) To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and (9) To enter into and complete successfully a substance abuse program approved by the court. (b) After notice and opportunity for hearing afforded to a person subject to a protective order, the order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby. (c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.
15-11-30. A legal custodian has the right to physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care, and

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the right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parent or guardian.
15-11-31. (a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish an adult for contempt of court by imprisonment for not more than 20 days or a fine not to exceed $1,000.00 for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders. (b) The court shall restrict and limit the use of contempt powers with respect to commitment of a child to a secure facility and in no event shall a child solely alleged or adjudicated to be dependent be placed in a secure facility. (c) A child may be placed in a secure facility for not more than 72 hours if:
(1) He or she is found in contempt of court; (2) Less restrictive alternatives have been considered and are unavailable or inappropriate or if the child has already been ordered to serve a less restrictive alternative sanction but failed to comply with the sanction; and (3) For a child in need of services, the requirements of Code Section 15-11-416 regarding the valid court order exception have been met. (d) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity to be heard, the court may impose any or all of the following sanctions when a parent, guardian, or legal custodian other than DJJ or DFCS willfully violates any order issued by the court directed to him or her: (1) Require the parent, guardian, or legal custodian of the child to make restitution in an amount not to exceed $2,500.00 for any damage or loss caused by the child's wrongful act; (2) Reimburse the state for the costs of detention, treatment, or rehabilitation of the child; (3) Require the parent, guardian, or legal custodian of the child to participate in a court approved educational or counseling program designed to contribute to the ability to provide proper parental care and supervision of the child, including, but not limited to, parenting classes; or (4) Require the parent, guardian, or legal custodian of the child to enter into a contract or plan as a part of the disposition of any charges against the child, so as to provide for the supervision and control of the child by the parent, guardian, or legal custodian and reunification with the child.
15-11-32. (a) An order of the court shall be set aside if:
(1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;

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(2) The court lacked jurisdiction over a necessary party or of the subject matter; or (3) Newly discovered evidence so requires. (b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interests of the child except an order of dismissal following a contested adjudicatory hearing. (c) Except as otherwise provided in Code Section 15-11-602, an order committing a child to DJJ may only be modified after the child has been transferred to DJJ custody upon motion of DJJ. (d) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this Code section. Such petition shall set forth in clear and concise language the grounds upon which the relief is requested. (e) After a petition seeking relief under this Code section is filed, the court shall fix a time for hearing and shall cause notice to be served on the parties to the proceeding or those affected by the relief sought. After the hearing, the court shall deny or grant relief as the evidence warrants.
15-11-33. (a) Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent to whom the reunification plan is directed. (b) Within 30 days of the filing of the transfer order, the transferring court shall provide the receiving court with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and any other court documents deemed necessary by the transferring court to enable the receiving court to assume jurisdiction over the matter. (c) The transferring court shall retain jurisdiction until the receiving court acknowledges acceptance of the transfer. (d) Compliance with this Code section shall terminate jurisdiction in the transferring court and confer jurisdiction in the receiving court.
15-11-34. Except as otherwise provided by Code Section 17-10-14, a child shall not be committed to an adult correctional facility or other facility used primarily for the execution of sentences of persons convicted of a crime.
15-11-35. In all cases of final judgments of the juvenile court, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded except in the discretion

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of the trial court; rather, the judgment or order of the court shall stand until reversed or modified by the reviewing court.
15-11-36. (a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court:
(1) The cost of medical and other examinations and treatment of a child ordered by the court; (2) The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than DJJ, but the court may order supplemental payments, if such are necessary or desirable for services; (3) Reasonable compensation for services and related expenses of an attorney appointed by the court, when appointed by the court to represent the child and when appointed by the court to conduct the proceedings; (4) Reasonable compensation for a guardian ad litem; (5) The expense of service of summons, notices, and subpoenas, travel expenses of witnesses, transportation, subsistence, and detention of the child, and other like expenses incurred in the proceedings under this chapter; and (6) The cost of counseling and counsel and advice required or provided under the provisions of Code Section 15-11-212 or 15-11-601. (b) For a child not committed to the legal custody of DJJ, the county, upon certification by the court, shall reimburse DJJ for reasonable and necessary expenses incurred for a child's subsistence, detention, care, and other like expenses. (c) If, after due notice to the parent or other person legally obligated to care for and support the child and after affording such person an opportunity to be heard, the court finds that such person is financially able to pay all or part of the costs and expenses outlined in subsection (a) of this Code section, the court may order such person to pay the same and prescribe the manner of payment. In addition, the court may order payment from the parent or other legally obligated person or entity to reimburse all or part of the costs and expenses of the department or DJJ for treatment, care, and support of the child. Unless otherwise ordered, payment shall be made to the clerk of the court for remittance to the person or agency, including the department or DJJ, to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county.
15-11-37. (a) The court may collect supervision fees from those who are placed under the court's formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:
(1) Housing in nonsecure facilities; (2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Mediation;

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(5) Transportation to and from court ordered services; (6) Truancy intervention services; (7) Restitution programs; (8) Job development or work experience programs; (9) Community services; and (10) Any other additional programs or services needed to meet the best interests, development, and rehabilitation of the child. (b) The juvenile court may order each delinquent child or child in need of services who receives supervision to pay to the clerk of the court: (1) An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and (2) A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that the child receives supervision. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of such fee and shall be subject to the enforcement procedure in subsection (c) of Code Section 15-11-36. The judge shall provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by the treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in subsection (a) of this Code section to child offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. (c) The clerk of the court shall be responsible for collections of fees as ordered by the court. (d) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the department or DJJ.
15-11-38. (a) Any court may order the establishment of a community based risk reduction program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in need of services. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program.

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(b) As part of a risk reduction program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The court's involvement shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program. (c) As part of an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, DJJ, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize the exchange of confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in Code Section 15-11-40. (d) When any agency or entity participating in a protocol agreement identifies a child who is at risk of becoming delinquent, dependent, or a child in need of services, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for the child. The child or the parent, or both, may be present during any review of the child's case by the panel. The parent, guardian, or legal custodian of the child shall be notified of the plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, but not the judge, shall work with the other agencies involved to educate the parent and the child on the importance of following the plan and on the consequences if either the parent or the child is referred to the court. If an intervention plan is developed for a child and the parent, guardian, or legal custodian consents to the plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to DFCS.
15-11-39. (a) In any jurisdiction within which a risk reduction program has been established, when a child comes before the court for disposition, the court may order that an assessment be made of the child and the circumstances resulting in the child being before the court. (b) The assessment shall be developed by assembling existing information and individualized plans of the agencies involved in providing services to the child and his or her parent, guardian, or legal custodian. If the assessment demonstrates a need for a case plan, the court may order that a case plan be developed by a panel representing community agencies as authorized by the court. The case plan shall contain the

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proposed actions and alternatives for the proper and efficient use of available community resources to assist the child. (c) The case plan shall be served on the child and the child's parent, guardian, or legal custodian. The case plan shall also include a cover letter which contains the following information:
(1) Sources to explain the process, procedures, and penalties for not responding to the court order in the prescribed time frame; and (2) The deadline for responding to the court order and stating objections to the case plan or any portion thereof is ten days from the date of service. (d) If no objection is made or if the child, parent, guardian, or legal custodian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time the child is under the jurisdiction of the court. (e) If a child or a parent, guardian, or legal custodian objects to the case plan, the court shall conduct a hearing. The court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 15-11-29, without the necessity of a show cause hearing, unless objection is made to the case plan.
15-11-40. (a) Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduction program may exchange, as necessary, information, medical records, school records, immigration records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in the program if such exchange of information is ordered by the court or consented to by the parties. Such information shall be used by such individuals and agencies only for the purposes provided in this chapter and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential as required by state and federal law and the court may punish any violations of confidentiality as contempt of court. (b) Any person who authorizes or permits any unauthorized person or agency to have access to confidential records or reports of child abuse shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain confidential records or reports of child abuse or information contained therein shall be guilty of a misdemeanor. (c) Confidential records or reports of child abuse and information obtained from such records may not be made a part of any record which is open to the public except that a

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prosecuting attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. (d) This Code section shall not abridge the provisions relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.
15-11-41. (a) Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information:
(1) For release of child abuse records by the department, a subpoena and subsequent order of the court requiring the release of such information in accordance with Code Section 49-5-41; (2) For release of information relating to diagnosis, prognosis, or treatment of drug and alcohol abuse:
(A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemacipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and the unemancipated minor has not designated anyone as a personal representative; or (C) A subpoena requiring the release of such information and protective order of the court regarding the release of such information; and (3) For release of confidential health, mental health, or education records: (A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemacipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; (C) A subpoena requiring the release of such information; or (D) An order of the court requiring the release of such information.

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(b) In issuing an order for the release of information under this Code section, the court may:
(1) Include protections against further disclosure of the information; (2) Limit the purposes for which the information may be used; and (3) Require records to be redacted so that only relevant information is shared. (c) Nothing in this Code section shall be deemed to replace the responsibility of entities governed by federal and state privacy laws to comply with such laws.
ARTICLE 2
15-11-50. (a) There is created a juvenile court in every county in the state. (b) Except where election is provided by local law, the judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed shall have the authority to act as judge of each juvenile court in each county of the circuit. (c) If no person is appointed as a juvenile court judge for a circuit, then a superior court judge of the circuit shall as part of the duties of the superior court judge assume the duties of the juvenile court judge in all counties in the circuit in which a separate juvenile court judgeship has not been established. (d) All juvenile court judgeships established on or before October 1, 2000, their methods of compensation, selection, and operation shall continue until such time as one or more circuit-wide juvenile court judges are appointed. However, in any circuit where a superior court judge assumes the duties of the juvenile court judge, such circuit shall not be entitled to the state funds provided for in Code Section 15-11-52. (e) When one or more circuit-wide juvenile court judges are appointed or elected, any juvenile court judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit wide. (f) After the initial appointments and prior to any subsequent appointment or reappointment of any part-time or full-time juvenile court judge, the judge or judges responsible for making the appointment shall publish notice of the vacancy of the juvenile court judgeship once a month for three months prior to such appointment or reappointment. Such notice shall be published in the official legal organ of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice is published. (g) In the event that more than one juvenile court judge is appointed, one judge shall be designated presiding judge. (h) In any case in which action under this Code section is to be taken by a superior court judge of the circuit, such action shall be taken as follows:

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(1) Where there are one or two superior court judges, such action shall be taken by the chief judge of the circuit; and (2) Where there are more than two superior court judges, such action shall be taken by a majority vote of the judges of the circuit.
15-11-51. (a) No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of the state for three years, is a member of the State Bar of Georgia, and has practiced law for five years. (b) A juvenile court judge shall be eligible for reappointment or election.
15-11-52. (a) Each appointed juvenile court judge shall serve for a term of four years. (b) The compensation of the full-time or part-time juvenile court judges shall be set by the superior court with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed. (c) Out of funds appropriated to the judicial branch of government, the state shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(1) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state base grant of $85,000.00; (2) In addition to this base amount, each circuit which has more than four superior court judges is eligible for additional state grants. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant in an amount equal to one-fourth of the base amount of the state grant; (3) In circuits where the superior court judges elect to use the state grant for one or more part-time judges, the amount of the state grant shall be as follows:
(A) For each part-time judge who works one day weekly .............. $17,000.00
(B) For each part-time judge who works two days weekly............. 34,000.00
(C) For each part-time judge who works three days weekly........... 51,000.00
(D) For each part-time judge who works four days weekly............ 68,000.00; provided, however, that a grant for one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with paragraphs (1) and (2) of this subsection; and (4) All state grants provided by this subsection shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.

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15-11-53. (a) It shall be unlawful for any full-time juvenile court judge to engage in any practice of law outside his or her role as a juvenile court judge. (b) It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in the court to which he or she is assigned or in any other court in any case, proceeding, or any other matters of which it has pending jurisdiction or has had jurisdiction. (c) It shall be unlawful for any juvenile court judge, full time or part time, to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in court, except such advice or counsel as a judge is called upon to give while performing the duties of a juvenile court judge.
15-11-54. (a) Each juvenile court shall be assigned and attached to the superior court of the county for administrative purposes. (b) The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro rata contribution toward the costs of such benefits, based on county population. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System provided by Chapter 23 of Title 47. (c) Except for state base grants provided by Code Section 15-11-52, all expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.
15-11-55. (a) To the extent that the provisions of this article conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern. (b) The state grants provided by Code Section 15-11-52 shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide juvenile court judges, whether the judge or judges shall be full time or part time or a combination of

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full time and part time, and the compensation of any part-time juvenile court judge or judges.
15-11-56. (a) No person who is serving as a full-time juvenile court judge shall at the same time hold the office of judge of any other class of court of this state. (b) No person serving as a juvenile court judge after being elected juvenile court judge pursuant to a local law authorized by a constitutional amendment shall at the same time hold the office of judge of any other class of court of this state. (c) Nothing in this Code section shall prevent any duly appointed or elected juvenile court judge from sitting by designation as a superior court judge pursuant to Code Section 15-1-9.1.
15-11-57. (a) Whenever a juvenile court judge is appointed it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of such order, the Secretary of State shall issue a commission as for superior court judges. (b) Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the juvenile court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges.
15-11-58. (a) All of the judges and associate judges of the courts exercising jurisdiction over children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairperson of the council. (b) The Council of Juvenile Court Judges:
(1) Shall meet at stated times to be fixed by it or on call of the chairperson; (2) May establish general policies for the conduct of courts exercising jurisdiction over children; (3) May promulgate uniform rules and forms governing procedures and practices of the courts; (4) Shall publish in print or electronically an annual report of the work of the courts exercising jurisdiction over children, which shall include statistical and other data on the courts' work and services, research studies the council may make of the problems of children and families dealt with by the courts, and any recommendations for legislation; and

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(5) Shall be authorized to inspect and copy records of the courts, law enforcement agencies, the department, and DJJ for the purpose of compiling statistical data on children. (c) Subject to the approval of the Council of Juvenile Court Judges, the presiding judge of the council shall appoint a chief administrative and executive officer for the Council of Juvenile Court Judges who shall have the title of director of the Council of Juvenile Court Judges. Under the general supervision of the presiding judge of the council and within the policies established by the Council of Juvenile Court Judges, the director shall: (1) Provide consultation to the courts regarding the administration of court services and the recruitment and training of personnel; (2) Make recommendations to the Council of Juvenile Court Judges for improvement in court services; (3) With the approval of the presiding judge, appoint consultants and necessary clerical personnel to perform the duties assigned to the Council of Juvenile Court Judges and the director; (4) Collect necessary statistics and prepare an annual report of the work of the courts; (5) Promulgate in cooperation with DJJ standard procedures for coordinating state and local probation services throughout the state; and (6) Perform such other duties as the presiding judge of the council shall specify.
15-11-59. (a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to such seminars by court rules properly adopted. (b) Seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the Council of Juvenile Court Judges may determine would promote the quality of justice in the juvenile court system. (c) Expenses of administration of seminar programs and actual expenses incurred by the judges or associate juvenile court judges in attending such seminars shall be paid from state funds appropriated for the Council of Juvenile Court Judges for such purpose, from federal funds available to the Council of Juvenile Court Judges for such purpose, or from other appropriate sources. Expenses for judges and associate juvenile court judges shall not exceed the allowances allowed members of the General Assembly. (d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall receive training appropriate to the role and participate in at least 12 hours of continuing legal education or continuing judicial education established or approved by the Council of Juvenile Court Judges each year and meet such rules as established by the Council of Juvenile Court Judges pertaining to such training. Superior court judges may meet this

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requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointment; provided, however, that the Council of Juvenile Court Judges may in hardship cases extend deadlines for compliance with this Code section.
15-11-60. (a) A judge may appoint one or more persons to serve as associate juvenile court judges in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. (b) Each associate juvenile court judge shall have the same qualifications as required for a judge of the juvenile court as provided in Code Section 15-11-51; provided, however, that any person serving as an associate juvenile court judge on January 1, 2013, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
15-11-61. (a) The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full-time or part-time basis. (b) An associate juvenile court traffic judge shall be a member of the State Bar of Georgia. (c) The compensation of associate juvenile court traffic judges shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.
15-11-62. (a) In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, or any duly appointed juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint. (b) The person appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services.

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15-11-63. (a) The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this chapter. (b) The salary, tenure, compensation, and all other conditions of employment of such employees shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of the employees shall be paid out of county funds. (c) Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing.
15-11-64. (a) Any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties. (b) In each year after the initial appointment, any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk. (c) Training pursuant to this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by the institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing authority of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources. (d) A judge of the juvenile court shall appoint a clerk pro tempore for that court in order for the regular clerk to attend required training. Such clerk pro tempore shall not be required to meet the training requirements for performing the clerk's duties. (e) The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity.
15-11-65. (a) The judge may appoint one or more probation and intake officers. (b) The salaries of the probation and intake officers shall be fixed by the judge with the approval of the governing authority of the county or counties for which he or she is appointed and shall be payable from county funds.
15-11-66. (a) A county juvenile probation officer or DJJ staff member serving as a juvenile probation officer:
(1) Shall make investigations, reports, and recommendations to the court as directed by this chapter;

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(2) Shall supervise and assist a child placed on probation or under the protective supervision or care of such probation officer by order of the court or other authority of law; (3) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable; (4) May take into custody and detain a child who is under the supervision or care of such probation officer if the probation officer has reasonable cause to believe that the child's health or safety or that of another is in imminent danger, or that the child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this chapter; (5) May not conduct accusatory proceedings against a child who is or may be under such probation officer's care or supervision; (6) May not draft judicial orders, official charges, or any other document which is required to be drafted by an attorney; (7) Shall perform all other functions designated by this chapter or by order of the court pursuant thereto. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and (8) Other laws to the contrary notwithstanding, no county juvenile probation officer or DJJ staff serving as a probation officer shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted. (b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as probation officers.
15-11-67. (a) A juvenile court intake officer:
(1) Shall receive and examine complaints and charges of delinquency, dependency, or that a child is in need of services for the purpose of considering the commencement of proceedings under this chapter; (2) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable; (3) Shall compile on a regular basis the case files or a report on those cases that were informally adjusted for review by the judge; (4) May not conduct accusatory proceedings against a child or draft judicial orders, official charges, or any other document which is required to be drafted by an attorney; (5) Shall perform all other functions designated by this chapter or by order of the court pursuant thereto; and (6) Except as provided in Article I, Section II, Paragraph IX(d) of the Constitution, no county juvenile court intake officer, or DJJ staff member serving as a juvenile court intake officer shall be liable for the acts of a child not detained or taken into

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custody when, in the judgment of such officer, such detention or custody is not warranted. (b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as juvenile court intake officers.
15-11-68. (a) The probation and intake services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and be fully funded through DJJ. The probation and intake officers of juvenile courts of those counties whose probation and intake services are transferred pursuant to this Code section shall become DJJ employees on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other DJJ personnel policies, except that the salaries of such employees shall not be reduced as a result of becoming DJJ employees. (b) The probation and intake services of the juvenile court of a county may be transferred to DJJ by local Act of the General Assembly which approves such transfer. (c) Persons who were probation and intake officers of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake officers to and became a part of the state-wide juvenile and intake services system fully funded through DJJ before January 1, 1999, shall be covered employees in the classified service of the State Personnel Administration.
ARTICLE 3 Part 1
15-11-100. The purpose of this article is:
(1) To assist and protect children whose physical or mental health and welfare is substantially at risk of harm from abuse, neglect, or exploitation and who may be further threatened by the conduct of others by providing for the resolution of dependency proceedings in juvenile court; (2) To ensure that dependency proceedings are conducted expeditiously to avoid delays in permanency plans for children; (3) To provide the greatest protection as promptly as possible for children; and (4) To ensure that the health, safety, and best interests of the child be the paramount concern in all dependency proceedings.
15-11-101. (a) If necessary, the investigator of a report of child abuse and neglect may apply to the court for certain medical examinations and evaluations of a child or other children in the household.

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(b) Upon a showing of probable cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of a child or other children in the household by a physician. Such order may be granted ex parte. (c) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a psychological or psychiatric examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional. (d) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a forensic examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional. (e) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a physical, psychological, or psychiatric examination of a child's parent, guardian, or legal custodian.
15-11-102. (a) The preliminary protective hearing shall be held promptly and no later than 72 hours after a child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, such hearing shall be held on the next day which is not a weekend or legal holiday. (b) If a child was not taken into protective custody or is released from foster care at the preliminary protective hearing, the following time frames apply:
(1) The petition for dependency shall be filed within 30 days of the preliminary protective hearing; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The adjudication hearing shall be held no later than 60 days after the filing of the petition for dependency; and (4) If the dispositional hearing is not held in conjunction with the adjudication hearing, it shall be held and completed within 30 days after the conclusion of the adjudication hearing. (c) If a child is not released from foster care at the preliminary protective hearing, the following time frames apply: (1) The petition for dependency shall be filed within five days of the preliminary protective hearing; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The adjudication hearing shall be held no later than ten days after the filing of the petition; (4) DFCS shall submit to the court its written report within 30 days of the date a child who is placed in the custody of DFCS is removed from the home and at each subsequent review of the disposition order. If the DFCS report does not contain a plan for reunification services, the nonreunification hearing shall be held no later than 30 days from the time the report is filed; and

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(5) If the dispositional hearing is not held in conjunction with the adjudication hearing, it shall be held and completed within 30 days after the conclusion of the adjudication hearing. (d) An initial periodic review hearing shall be held within 75 days following a child's removal from his or her home. An additional periodic review shall be held within four months following such initial review. (e) Permanency plan hearings shall be held no later than 30 days after DFCS has submitted a written report to the court which does not provide a plan for reunification services or: (1) For children under seven years of age at the time a petition for dependency is filed, no later than nine months after the child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while the child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that the child's permanency plan and goal have been achieved; and (2) For children seven years of age and older at the time a petition is filed, no later than 12 months after the child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while the child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that the child's permanency plan and goal have been achieved. (f) A supplemental order of the court adopting a child's permanency plan shall be entered within 30 days after the court has determined that reunification efforts need not be made by DFCS.
15-11-103. (a) The child and any other party to a proceeding under this article shall have the right to a qualified and independent attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for a child alleged to be dependent. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child. (c) A child's attorney owes to the child the duties imposed by the law of this state in an attorney-client relationship. (d) Before an attorney may be appointed to represent a child, he or she shall have received training appropriate to the role that is administered or approved by the Office of the Child Advocate for the Protection of Children; provided, however, that such office shall exempt from the training requirement any attorney who has practiced as an attorney or guardian ad litem in juvenile court dependency proceedings for three or more years and, when such determination is made by the court, has demonstrated a proficiency in child representation. Preappointment training shall be satisfied within an attorney's existing continuing legal education obligations and shall not require the

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attorney to complete additional training hours in addition to the hours currently required by the State Bar of Georgia. (e) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent the child in any subsequent proceeding. (f) An attorney appointed to represent a child in a dependency proceeding shall continue the representation in any subsequent appeals unless excused by the court. (g) Neither a child nor a representative of a child may waive a child's right to an attorney in a dependency proceeding. (h) A party other than a child shall be informed of his or her right to an attorney prior to any hearing. A party other than a child shall be given an opportunity to:
(1) Obtain and employ an attorney of such party's own choice; (2) Obtain a court appointed attorney if the court determines that such party is an indigent person; or (3) Waive the right to an attorney.
15-11-104. (a) The court shall appoint a guardian ad litem for a child alleged to be dependent. (b) A child's attorney may serve as the child's guardian ad litem unless or until there is conflict of interest between the attorney's duty to the child as the child's attorney and the attorney's considered opinion of the child's best interests as guardian ad litem. (c) A party to the proceeding, the employee or representative of a party to the proceeding, or any other individual with a conflict of interest shall not be appointed as guardian ad litem. (d) A court shall appoint a CASA to act as guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem. (e) A lay guardian shall not engage in activities which could reasonably be construed as the practice of law. (f) Before the appointment as a guardian ad litem, such person shall have received training appropriate to the role as guardian ad litem which is administered or approved by the Office of the Child Advocate for the Protection of Children. For attorneys, preappointment guardian ad litem training shall be satisfied within the attorney's existing continuing legal education obligations and shall not require the attorney to complete additional training hours in addition to the hours currently required by the State Bar of Georgia. (g) Any volunteer guardian ad litem authorized and acting in good faith, in the absence of fraud or malice and in accordance with the duties required by this Code section, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. (h) The court may remove a guardian ad litem from a case upon finding that the guardian ad litem acted in a manner contrary to a child's best interests, has not

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appropriately participated in the case, or if the court otherwise deems continued service as inappropriate or unnecessary. (i) A guardian ad litem shall not engage in ex parte contact with the court except as otherwise provided by law. (j) The court, the child, or any other party may compel a guardian ad litem for a child to attend a trial or hearing relating to the child and to testify, if appropriate, as to the proper disposition of a proceeding. (k) The court shall ensure that parties have the ability to challenge recommendations made by the guardian ad litem or the factual basis for the recommendations in accordance with the rules of evidence applicable to the specific proceeding. (l) A guardian ad litem's report shall not be admissible into evidence prior to the disposition hearing except in accordance with the rules of evidence applicable to the specific proceeding. (m) A guardian ad litem who is not also serving as attorney for a child may be called as a witness for the purpose of cross-examination regarding the guardian ad litem's report even if the guardian ad litem is not identified as a witness by a party.
15-11-105. (a) A guardian ad litem shall advocate for a child's best interests in the proceeding for which the guardian ad litem has been appointed. (b) In determining the child's best interests, a guardian ad litem shall consider and evaluate all of the factors affecting the best interests of the child in the context of a child's age and developmental needs. Such factors shall include:
(1) The physical safety and welfare of the child, including food, shelter, health, and clothing; (2) The mental and physical health of all individuals involved; (3) Evidence of domestic violence in any current, past, or considered home for the child; (4) A child's background and ties, including familial, cultural, and religious; (5) A child's sense of attachments, including a child's sense of security, a child's sense of familiarity, and continuity of affection for the child; (6) The least disruptive placement alternative for a child; (7) A child's wishes and long-term goals; (8) A child's community ties, including church, school, and friends; (9) A child's need for permanence which includes the child's need for stability and continuity of relationships with a parent, siblings, and other relatives; (10) The uniqueness of every family and child; (11) The risks attendant to entering and being in substitute care; (12) The preferences of the persons available to care for the child; and (13) Any other factors considered by the guardian ad litem to be relevant and proper to his or her determination. (c) Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall at a minimum:

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(1) Maintain regular and sufficient in-person contact with the child and, in a manner appropriate to the child's developmental level, meet with and interview the child prior to custody hearings, adjudication hearings, disposition hearings, judicial reviews, and any other hearings scheduled in accordance with the provisions of this chapter; (2) In a manner appropriate to the child's developmental level, ascertain the child's needs, circumstances, and views; (3) Conduct an independent assessment to determine the facts and circumstances surrounding the case; (4) Consult with the child's attorney, if appointed separately, regarding the issues in the proceeding; (5) Communicate with health care, mental health care, and other professionals involved with the child's case; (6) Review case study and educational, medical, psychological, and other relevant reports relating to the child and the respondents; (7) Review all court related documents; (8) Attend all court hearings and other proceedings to advocate for the child's best interests; (9) Advocate for timely court hearings to obtain permanency for the child; (10) Protect the cultural needs of the child; (11) Contact the child prior to any proposed change in the child's placement; (12) Contact the child after changes in the child's placement; (13) Request a judicial citizen review panel or judicial review of the case; (14) Attend citizen panel review hearings concerning the child and if unable to attend the hearings, forward to the panel a letter setting forth the child's status during the period since the last citizen panel review and include an assessment of the DFCS permanency and treatment plans; (15) Provide written reports to the court and the parties on the child's best interests which shall include, but not be limited to, recommendations regarding placement of the child, updates on the child's adjustment to placement, DFCS's and respondent's compliance with prior court orders and treatment plans, the child's degree of participation during visitations, and any other recommendations based on the best interests of the child; (16) When appropriate, encourage settlement and the use of any alternative forms of dispute resolution and participate in such processes to the extent permitted; and (17) Monitor compliance with the case plan and all court orders. (d)(1) Except as provided in Article 12 of this chapter, a guardian ad litem shall receive notices, pleadings, or other documents required to be provided to or served upon a party and shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant changes of circumstances of the child's case to the same extent and in the same manner as the parties to the case are notified of such matters.

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(2) A guardian ad litem shall be notified of the formulation of any case plan of the child's case and may be given the opportunity to be heard by the court about such plans. (e) Upon presentation of an order appointing a guardian ad litem, such guardian ad litem shall have access to all records and information relevant to a child's case when such records and information are not otherwise protected from disclosure pursuant to Code Section 19-7-5. Such records and information shall not include records and information provided under Article 12 of this chapter or provided under Chapter 4A of Title 49. (f) All records and information acquired or reviewed by a guardian ad litem during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court. (g) Except as provided in Code Section 49-5-41, regarding access to records, any guardian ad litem who discloses confidential information obtained during the course of his or her appointment, in violation of law, shall be guilty of a misdemeanor. A guardian ad litem shall maintain all information and records regarding mental health, developmental disability as defined in Code Section 37-1-1, and substance abuse according to the confidentiality requirements contained in Code Section 37-3-166, 374-125, or 37-7-166, as applicable. (h) In the event of a change of venue, the original guardian ad litem shall, as soon as possible, communicate with the appointed guardian ad litem in the new venue and shall forward all pertinent information to the new guardian ad litem.
15-11-106. (a)(1) Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not be assigned a case prior to being sworn in by a juvenile court judge as set forth in this paragraph. (2) If a juvenile court judge determines that a child involved in a dependency proceeding needs a CASA, the judge shall have the authority to appoint a CASA, and in such circumstance shall sign an order appointing a CASA at the earliest possible stage of the proceedings. Such order shall impose on a CASA all the duties, rights, and responsibilities set forth in this Code section and Code Sections 15-11-104 and 15-11-105.
(b) The role of a CASA in juvenile court dependency proceedings shall be to advocate for the best interests of the child. (c) In addition to the reasons stated in subsection (h) of Code Section 15-11-104, the court may discharge a CASA upon finding that the CASA has acted in a manner contrary to the mission and purpose of the affiliate court appointed special advocate program.

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15-11-107. (a) A parent, guardian, or legal custodian's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for considering his or her child to be a dependent child; provided, however, that the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability. (b) In order to make a determination as to whether a child is in a life-threatening situation or that the child's condition will result in serious disability, the court may order a medical evaluation of the child. (c) If the court determines, on the basis of any relevant evidence before the court, including the court ordered medical evaluation and the affidavit of the attending physician, that a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order that medical treatment be provided for a child. (d) A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to be dependent and the court may find the parent, guardian, or legal custodian in contempt and enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.
15-11-108. (a) The court shall give to all parties written notice of the date, time, place, and purpose of the following postadjudication hearings or reviews:
(1) Nonreunification hearings; (2) Disposition hearings; (3) Periodic review hearings; (4) Periodic reviews by judicial citizen review panel; (5) Permanency plan hearings; (6) Termination of parental rights hearings; and (7) Termination of parental rights review hearings. (b) Issuance and service of summons, when appropriate, shall comply with the requirements of Code Sections 15-11-160 and 15-11-161. (c) Unless otherwise provided in this chapter, written notice shall be delivered to the recipient at least 72 hours before the hearing or review by United States mail, e-mail, or hand delivery.
15-11-109. (a) In advance of each hearing or review, DFCS shall give written notice of the date, time, place, and purpose of the review or hearing to the caregiver of the child, the foster parent of the child, any preadoptive parent, or any relative providing care for the child including the right to be heard. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing, except in the case of preliminary protective

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hearings or emergency hearings when such notice is not possible, by United States mail, e-mail, or hand delivery. (b) Notice of a hearing or review shall not be construed to require a legal custodian, foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing or review solely on the basis of such notice and opportunity to be heard.
15-11-110. (a) Upon request of an attorney for the parent, guardian, legal custodian, child, or petitioner, the court may continue any hearing under this article beyond the time limit within which the hearing is otherwise required to be held; provided, however, that no continuance shall be granted that is contrary to the interests of the child. In considering a child's interests, the court shall give substantial weight to a child's need for prompt resolution of his or her custody status, the need to provide a child with a stable environment, and the damage to a child of prolonged temporary placements. (b) Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record. (c) A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Except as otherwise provided by judicial rules governing attorney conflict resolution, a pending criminal prosecution or family law matter shall not constitute good cause. The need for discovery shall not constitute good cause. (d) In any case in which a parent, guardian, legal custodian, or child is represented by an attorney and no objection is made to an order continuing any such hearing beyond the time limit, the absence of such an objection shall be deemed a consent to the continuance; provided, however, that even with consent, the court shall decide whether to grant the continuance in accordance with subsection (a) of this Code section.
15-11-111. (a) At any hearing held with respect to a child, the court in its discretion, and based upon the evidence, may enter an order:
(1) Accepting or rejecting any DFCS report; (2) Ordering an additional evaluation; or (3) Undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the child's best interests. (b) The court's order: (1) May incorporate all or part of the DFCS report; and (2) Shall include findings of fact which reflect the court's consideration of the oral and written testimony offered by all parties, as well as nonparties, who are required to be provided with notice and a right to be heard in any hearing to be held with respect to the child, and DFCS.

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15-11-112. (a) When a child is removed from his or her home the court shall order reasonable visitation that is consistent with the age and developmental needs of the child if the court finds that it is in the child's best interests. The court's order shall specify the frequency, duration, and terms of visitation including whether or not visitation shall be supervised or unsupervised. (b) There shall be a presumption that visitation shall be unsupervised unless the court finds that unsupervised visitation is not in the child's best interests. (c) Within 30 days of the court finding that there is a lack of substantial progress towards completion of a case plan, the court shall review the terms of visitation and determine whether the terms continue to be appropriate for the child or whether the terms need to be modified.
15-11-113. When a child is alleged to be dependent, the date the child is considered to have entered foster care shall be the date of the first judicial finding that a child has been subjected to child abuse or neglect or the date that is 60 days after the date on which a child is removed from his or her home, whichever is earlier.
Part 2
15-11-125. (a) A proceeding under this article may be commenced:
(1) In the county in which a child legally resides; or (2) In the county in which a child is present when the proceeding is commenced if the child is present without a parent, guardian, or legal custodian or the acts underlying the dependency allegation are alleged to have occurred in that county. (b) For the convenience of the parties, the court may transfer the proceeding to the county in which a child legally resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.
Part 3
15-11-130. (a) Notwithstanding Code Sections 15-11-133 and 15-11-135, DFCS shall be authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when:
(1) As a result of an emergency or illness, the person who has physical and legal custody of a child is unable to provide for the care and supervision of the child, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that DFCS exercise such emergency custody; and

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(2) The child is not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker. (b) During the period when a child is in the temporary care and supervision of DFCS, DFCS shall endeavor to place the child with a relative of the parent, guardian, or legal custodian, in foster care, or in emergency foster care or shall make other appropriate placement arrangements. DFCS shall have the same rights and powers with regard to the child as does the parent, guardian, or legal custodian including the right to consent to medical treatment. (c) Immediately upon receiving custody of a child, DFCS shall begin a diligent search for a relative or other designee of the parent who can provide for the care and supervision of the child. (d) At any time during such seven-day period, and upon notification to DFCS that the parent, guardian, or legal custodian or an expressly authorized relative, or designee thereof, is able to provide care to and exercise control over the child, DFCS shall release the child to the person having custody of the child at the time the child was taken into DFCS custody or to such person's authorized relative or designee. (e) Upon the expiration of such seven-day period, if the child has not been released or if DFCS determines that there is an issue of neglect, abandonment, or abuse, DFCS shall promptly contact a juvenile court intake officer or bring the child before the juvenile court. If, upon making an investigation, the juvenile court intake officer finds that foster care is warranted for the child, then, for purposes of this chapter, the child shall be deemed to have been placed in foster care at the time such finding was made and DFCS may file a dependency petition. (f) DFCS and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision in accordance with this Code section, for consenting to medical treatment for the child, and for releasing the child.
15-11-131. (a) Notwithstanding Code Section 15-11-133, a physician, licensed to practice medicine in this state who is treating a child may take or retain temporary protective custody of the child, without a court order and without the consent of a parent, guardian, or legal custodian, provided that:
(1) The physician has reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child's life or health as a result of suspected abuse or neglect; or (2) There is reasonable cause to believe that the child has been abused or neglected and there is not sufficient time for a court order to be obtained for temporary custody of the child before the child may be removed from the presence of the physician. (b) A physician holding a child in temporary protective custody shall: (1) Make reasonable and diligent efforts to inform the parents, guardian, or legal custodian of the child of the whereabouts of the child;

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(2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child and inform DFCS that the child has been held in temporary custody; and (3) Not later than 24 hours after the child is held in temporary custody:
(A) Contact a juvenile court intake officer, and inform such intake officer that the child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or (B) Contact a law enforcement officer who shall take the child and promptly bring the child before a juvenile court intake officer. (c) A child who meets the requirements for inpatient admission shall be retained in the hospital or institution until such time as the child is medically ready for discharge. Upon notification by the hospital or institution to DFCS that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician and the child has been placed in DFCS custody, DFCS shall take physical custody of the child within six hours of being notified. (d) If the juvenile court intake officer determines that the child is to be placed in foster care and the court orders that the child be placed in DFCS custody, then: (1) If the child remains in the physical care of the physician, DFCS shall take physical possession of the child within six hours of being notified by the physician, unless the child meets the criteria for admission to a hospital or other medical institution or facility; or (2) If the child has been brought before the court by a law enforcement officer, DFCS shall promptly take physical possession of the child. (e) If the juvenile court intake officer determines that the child should not be placed in foster care, the child shall be released. (f) If the child is placed in foster care, then the court shall notify the child's parents, guardian, or legal custodian, the physician, and DFCS of the preliminary protective hearing which is to be held within 72 hours. (g) If after the preliminary protective hearing the child is not released, DFCS shall file a petition alleging dependency in accordance with this article, provided that there is a continued belief that the child's life or health is in danger as a result of suspected abuse or neglect. (h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law.
15-11-132. (a) The facts supporting the issuance of an order of removal may be relayed orally, including telephonically, to the judge or a designated juvenile court intake officer, and

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the order directing that a child be taken into custody may be issued orally or electronically. (b) When a child is taken into custody under exceptional circumstances, an affidavit or sworn complaint containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court the next business day, and a written order shall be issued if not previously issued. The written order shall include the court's findings of fact supporting the necessity for the child's removal in order to safeguard the child's welfare and shall designate the child's legal custodian. (c) The affidavit or sworn complaint filed after the child has been placed shall indicate whether the child was released to the child's parent, guardian, or legal custodian or remains removed. (d) DFCS shall promptly notify the parent, guardian, or legal custodian of the nature of the allegations forming the basis for taking the child into custody and, if the child is not released, of the time and place of the preliminary protective hearing.
15-11-133. (a) A child may be removed from his or her home, without the consent of the child's parents, guardian, or legal custodian:
(1) Pursuant to an order of the court under this article; or (2) By a law enforcement officer or duly authorized officer of the court if the child is in imminent danger of abuse or neglect if he or she remains in the home. (b) Upon removing a child from his or her home, the law enforcement officer or duly authorized officer of the court shall: (1) Immediately deliver the child to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS; (2) Bring the child immediately before the juvenile court or promptly contact a juvenile court intake officer; and (3) Promptly give notice to the court and the child's parents, guardian, or legal custodian that the child is in protective custody, together with a statement of the reasons for taking the child into protective custody. (c) The removal of child from his or her home by a law enforcement officer shall not be deemed an arrest. (d) A law enforcement officer removing a child from his or her home has all the privileges and immunities of a law enforcement officer making an arrest. (e) A law enforcement officer shall promptly contact a juvenile court intake officer for issuance of a court order once such officer has taken a child into protective custody and delivered the child to a medical facility. (f) A juvenile court intake officer shall immediately determine if the child should be released, remain in protective custody, or be brought before the court upon being contacted by a law enforcement officer, duly authorized officer of the court, or DFCS that a child has been taken into protective custody.

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15-11-134. (a) Any order authorizing the removal of a child from his or her home shall be based on a finding by the court that continuation in the home would be contrary to the child's welfare. (b) Such findings shall be made on an individualized case-by-case basis and shall be documented in the court's written order.
15-11-135. (a) A child taken into custody shall not be placed in foster care prior to the hearing on the petition unless:
(1) Foster care is required to protect the child; (2) The child has no parent, guardian, or legal custodian or other person able to provide supervision and care and return him or her to the court when required; or (3) An order for the child's foster care has been made by the court. (b) No child alleged or adjudicated to be dependent shall be detained in any jail, adult lockup, or adult detention facility, nor shall a child be detained in a regional youth detention center or youth development center unless the child is also alleged or adjudicated to be delinquent, and the court determines that the requirements for detention under Article 7 of this chapter are met. (c) A child alleged to be dependent may be placed in foster care only in: (1) A licensed or approved foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative; (2) A facility operated by a licensed child welfare agency; or (3) A licensed shelter care facility approved by the court. (d) The actual physical placement of a child pursuant to this Code section shall require the approval of the judge of the juvenile court or his or her designee. (e) In any case in which a child is taken into protective custody of DFCS, the child shall be placed together with any siblings who are also in protective custody, to the extent that it is practical and appropriate, or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or why such efforts are not appropriate. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between the siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
Part 4
15-11-145. (a) If a child alleged to be dependent is removed from his or her home and is not returned home, the preliminary protective hearing shall be held promptly and not later than 72 hours after the child is placed in foster care; provided, however, that if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday.

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(b) Reasonable oral or written notice of the preliminary protective hearing, stating the time, place, and purpose of the hearing, shall be given to the child and, if such person can be found, to the child's parent, guardian, or legal custodian. (c) If a parent, guardian, or legal custodian has not been notified of the preliminary protective hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order the child's release unless it appears from such hearing that the child's foster care is warranted or required. (d) The following persons shall have the right to participate in the preliminary protective hearing:
(1) The child's parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice; (2) The child's attorney and guardian ad litem if a guardian ad litem has been appointed; (3) The child, unless the court finds, after considering evidence of harm to the child that will result from the child's presence at the proceeding, that being present is not in the child's best interests; (4) The parent's attorney if an attorney has been retained or appointed; (5) The assigned DFCS caseworker; and (6) The attorney for DFCS. (e) The court may allow the following parties to be present at the preliminary protective hearing, if the court finds it is in the best interests of the child: (1) Any relative or other person who has demonstrated an ongoing commitment to the child with whom the child might be placed; (2) DFCS employees involved in the case; (3) An advocate as requested by the parent, guardian, or legal custodian; and (4) Other persons who have knowledge of or an interest in the welfare of the child. (f) At the commencement of the preliminary protective hearing, the court shall inform the parties of: (1) The contents of the complaint in terms understandable to the child and parent, guardian, or legal custodian; (2) The nature of the proceedings in terms understandable to the child and parent, guardian, or legal custodian; (3) Their due process rights including their right to an attorney and to an appointed attorney if they are indigent persons, the right to call witnesses and to cross-examine all witnesses, the right to present evidence, and the right to a trial by the court on the allegations in the complaint or petition. (g) If the child is not released at the preliminary protective hearing, a petition for dependency shall be made and presented to the court within five days of such hearing.
15-11-146. (a) At the preliminary protective hearing, the court shall determine:
(1) Whether there is probable cause to believe the child is dependent; and

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(2) Whether protective custody of the child is necessary to prevent abuse or neglect pending the hearing on the dependency petition. (b) The court: (1) On finding that the complainant has not proved either of the required elements prescribed in subsection (a) of this Code section, shall dismiss the case and shall return the child to the child's parent, guardian, or legal custodian; (2) On finding that the complainant has not met the burden of proving that protective custody is necessary, shall return the child to the child's parent, guardian, or legal custodian pending the hearing on the dependency petition; or (3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child in the temporary custody of DFCS pending the hearing on the dependency petition. (c) A court's order removing a child from the child's home shall be based upon a finding that: (1) Continuation in the home would be contrary to the child's welfare; and (2) Removal is in the child's best interests. (d) The court shall make written findings as to whether DFCS has made reasonable efforts to prevent or eliminate the need for removal of the child from the home and to make it possible for the child to safely return home. When the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider DFCS to have made reasonable efforts to prevent or eliminate the need for protective custody. The court shall include in the written findings a brief description of what preventive and reunification efforts were made by DFCS. (e) In determining whether a child shall be removed or continued out of the home, the court shall consider whether the provision of reasonable services can prevent or eliminate the need to separate the family. The court shall make a written finding in every order of removal that describes why it is in the best interests of the child that the child be removed from the home or continued in foster care. (f) To aid the court in making the required written findings, DFCS shall present evidence to the court outlining the reasonable efforts made to prevent taking the child into protective custody and to provide services to make it possible for the child to safely return home and why protective custody is in the best interests of the child.
Part 5
15-11-150. A DFCS employee, a law enforcement officer, or any person who has actual knowledge of the abuse, neglect, or abandonment of a child or is informed of the abuse, neglect, or abandonment of a child that he or she believes to be truthful may make a petition alleging dependency.

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15-11-151. (a) If a child was removed from his or her home, the petition alleging dependency shall be filed within five days of the preliminary protective hearing. (b) If the child was not removed from his or her home or if the child was removed from his or her home but was released from protective custody at the preliminary protective hearing, the petition alleging dependency shall be filed within 30 days of the preliminary protective hearing. (c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition alleging dependency in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension. (d) If a petition alleging dependency is not filed within the required time frame, the complaint shall be dismissed without prejudice.
15-11-152. A petition alleging dependency shall be verified and may be on information and belief and shall set forth plainly and with particularity:
(1) The facts which bring the child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought; (2) The name, date of birth, and residence address of the child on whose behalf the petition is brought; (3) The name and residence address of the parent, guardian, or legal custodian of the child; or, if neither the child's parent nor the child's guardian nor the child's legal custodian resides or can be found within the state or if such place of residence address is unknown, the name of any known adult relative residing within the county or, if there is none, the known adult relative residing nearest to the location of the court; (4) Whether the child is in protective custody and, if so, the place of his or her foster care and the time the child was taken into protective custody; and (5) Whether any of the matters required by this Code section are unknown.
15-11-153. (a) The petitioner may amend the petition alleging dependency at any time:
(1) To cure defects of form; and (2) Prior to the adjudication hearing, to include new allegations of fact or requests for adjudication. (b) When the petition is amended after the initial service to include new allegations of fact or requests for adjudication, the amended petition shall be served on the parties and provided to the attorneys of record. (c) The court shall grant the parties such additional time to prepare as may be required to ensure a full and fair hearing; provided, however, that when a child is in protective custody or in detention, the adjudication hearing shall not be delayed more than ten days beyond the time originally fixed for the hearing.

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Part 6
15-11-160. (a) The court shall direct the issuance of a summons to the child if the child is 14 years of age or older, the child's parent, guardian, or legal custodian, the child's attorney, the child's guardian ad litem, if any, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition alleging dependency. A copy of the petition alleging dependency shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained. (b) The summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (c) The court may endorse upon the summons an order directing the parent, guardian, or legal custodian of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing. (d) A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing.
15-11-161. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with reasonable diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with reasonable diligence, service of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) If, after justifiable effort, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The adjudication hearing shall not be earlier than five days after the date of the last publication.
(e)(1) Service by publication shall be made once a week for four consecutive weeks in the official organ of the county where the petition alleging dependency has been filed. Service shall be deemed complete upon the date of the last publication.

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(2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of the child shall be preserved by the use of appropriate initials, and the date the petition alleging dependency was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition alleging dependency. (3) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition alleging dependency to the last known address of the party being served by publication. (f) Service of the summons may be made by any suitable person under the direction of the court. (g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-162. (a) In the event a parent, guardian, or legal custodian of the child willfully fails to appear personally at a hearing after being ordered to so appear or the parent, guardian, or legal custodian of the child willfully fails to bring the child to a hearing after being so directed, the court may issue an order against the person, directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If the parent, guardian, or legal custodian fails to appear in response to an order to show cause, the court may issue a bench warrant directing that the parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.
15-11-163. (a) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition alleging dependency and enter an interlocutory order of disposition if:
(1) The petition alleges dependency of the child; (2) The summons served upon any party:
(A) States that prior to the final hearing on such petition a provisional hearing will be held at a specified time and place; (B) Requires the party who is served other than by publication to appear and answer the allegations of the petition alleging dependency at the provisional hearing;

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(C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and (D) Otherwise conforms to the requirements of Code Section 15-11-160; and (3) The child is personally before the court at the provisional hearing. (b) Findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition alleging dependency. (c) If the party served by publication fails to appear at the final hearing on the petition alleging dependency, the findings of fact and interlocutory orders made shall become final without further evidence. If the party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of such petition without regard to this Code section.
Part 7
15-11-170. (a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party; (2) A copy of any formal written statement made by the child who is alleged to be dependent or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing; (3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced; (4) Any drug screen concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian; (5) Any case plan concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian; (6) Any visitation schedule related to the child who is alleged to be dependent; (7) Photographs and any physical evidence which are intended to be introduced at any hearing; (8) Copies of the police incident report regarding an occurrence which forms part or all of the basis of the petition; and (9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section. (b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing:

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(1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the child who is alleged to be dependent or the family, parent, guardian, or legal custodian of such child; (2) Any school record concerning the child who is alleged to be dependent; (3) Any medical record concerning the child who is alleged to be dependent; (4) Transcriptions, recordings, and summaries of any oral statement of the child who is alleged to be dependent or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel; (5) Any family team meeting report or multidisciplinary team meeting report concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian; (6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and (7) Immigration records concerning the child who is alleged to be dependent. (c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request. (e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:

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(1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) No deposition shall be taken of a child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part. (g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication. (i) Any material or information furnished to a party pursuant to this part shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.
Part 8
15-11-180. The petitioner shall have the burden of proving the allegations of a dependency petition by clear and convincing evidence.
15-11-181. (a) The court shall fix a time for the adjudication hearing. If the child is in foster care, the hearing shall be scheduled for no later than ten days after the filing of the petition alleging dependency. If the child is not in foster care, the adjudication hearing shall be held no later than 60 days after the filing of the petition alleging dependency. If adjudication is not completed within 60 days from the date the child was taken into protective custody, the petition alleging dependency may be dismissed without prejudice. (b) The following persons shall have the right to participate in the adjudication hearing:
(1) The child's parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice; (2) The child's attorney and guardian ad litem, if a guardian ad litem has been appointed;

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(3) The child, unless the court finds, after considering evidence of harm to the child that will result from the child's presence at the proceeding, that being present is not in the child's best interests; (4) The attorneys for the parent, guardian, or legal custodian if attorneys have been retained or appointed; (5) The assigned DFCS caseworker; and (6) The attorney for DFCS. (c) If the court finds it is in the best interests of the child, the court may allow the following to be present at the adjudication hearing: (1) Any relative or other person who has demonstrated an ongoing commitment to the child with whom the child might be placed; (2) DFCS employees involved with the case; (3) An advocate as requested by the parent, guardian, or legal custodian; and (4) Other persons who have knowledge of or an interest in the welfare of the child. (d) Except as provided in this subsection, the adjudication hearing shall be conducted in accordance with Title 24. Testimony or other evidence relevant to the dependency of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of: (1) Communications between a party and his or her attorney; and (2) Confessions or communications between a priest, rabbi, or duly ordained minister or similar functionary and his or her confidential communicant. (e) After hearing the evidence, the court shall make and file specific written findings as to whether the child is a dependent child. (f) If the court finds that the child is not a dependent child, it shall dismiss the petition alleging dependency and order the child discharged from foster care or other restriction previously ordered. (g) If the court finds that the child is dependent, the court shall proceed immediately or at a postponed hearing to make a proper disposition of the case. (h) If the court finds that a child is dependent, the court shall also make and file a finding whether such dependency is the result of substance abuse by a parent, guardian, or legal custodian. (i) If the disposition hearing is held on the same day as the adjudication hearing, the court shall schedule the dates and times for the first periodic review hearing and for the permanency plan hearing.
Part 9
15-11-190. If the allegations of the petition alleging dependency are admitted or after an adjudication hearing the court has found the child to be dependent, the court may direct that a written social study and report be made by DFCS.

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15-11-191. Each social study shall include, but shall not be limited to, a factual discussion of each of the following subjects:
(1) What plan, if any, for the return of the child to his or her parent and for achieving legal permanency for the child if efforts to reunify fail, is recommended to the court; (2) Whether the best interests of the child will be served by granting reasonable visitation rights to his or her other relatives, in order to maintain and strengthen the child's family relationships; (3) Whether the child has siblings under the court's jurisdiction, and, if so:
(A) The nature of the relationship between the child and his or her sibling; (B) Whether the siblings were raised together in the same home and whether the siblings have shared significant common experiences or have existing close and strong bonds; (C) Whether the child expresses a desire to visit or live with his or her sibling and whether ongoing contact is in the child's best interests; (D) The appropriateness of developing or maintaining the sibling relationships; (E) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together or why those efforts are not appropriate; (F) If the siblings are not placed together, the frequency and nature of the visits between siblings; and (G) The impact of the sibling relationship on the child's placement and planning for legal permanence; (4) The appropriateness of any relative placement; and (5) Whether the caregiver desires and is willing to provide legal permanency for the child if reunification is unsuccessful.
Part 10
15-11-200. (a) Within 30 days of the date a child who is placed in DFCS custody is removed from the home and at each subsequent review of the disposition order, DFCS shall submit a written report to the court which shall either:
(1) Include a case plan for a reunification of the family; or (2) Include a statement of the factual basis for determining that a plan for reunification is not appropriate. (b) The report submitted by DFCS shall become a discrete part of the case record in a format determined by DFCS and shall be made available to the child if the child is 14 years of age or older, the child's attorney, the child's guardian ad litem, if any, and the parent, guardian, or legal custodian of the child. The contents of the report shall be determined at a meeting to be held by DFCS in consultation with the parent, guardian, or legal custodian and child, when appropriate. The parent, guardian, or legal custodian, the child if the child is 14 years of age or older, the child's attorney, and the

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child's guardian ad litem, if any, shall be given written notice of the meeting at least five days in advance of such meeting and shall be advised that the report will be submitted to the court for consideration as an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parent, guardian, or legal custodian, if such are available. (c) If the court adopts a report that contains a case plan for reunification services, it shall be in effect until modification by the court. The case plan shall address each reason requiring removal and shall, at a minimum, comply with the requirements of Code Section 15-11-201. (d) If the submitted report contains a proposed case plan for reunification services:
(1) DFCS shall provide the caregiver, the foster parent, and any preadoptive parent or relative providing care for the child with a copy of those portions of the court approved case plan that involve the permanency goal and the services to be provided to the child; (2) A copy of the report and case plan shall be delivered to the parent, guardian, or legal custodian by United States mail, e-mail, or hand delivery at the same time the report and case plan are transmitted to the court, along with written notice that the report will be considered by the court without a hearing unless, within five days from the date the copy of the report and case plan were delivered, the parent, guardian, or legal custodian requests a hearing before the court to review the report and case plan; and (3) If no hearing is requested, the court shall enter a disposition order or supplemental order incorporating all elements of the case plan for reunification services which the court finds essential to reunification, specifying what shall be accomplished by all parties before reunification of the family can be achieved. (e) When a recommendation is made that reunification services are not appropriate and should not be allowed, the report submitted by DFCS shall address each reason requiring removal and shall contain at least the following: (1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately and safely protected at home and the harm which may occur if the child remains in the home and a description of the services offered and the services provided to prevent removal of the child from the home; (2) A clear statement describing all of the reasons supporting a finding that reunification of a child with the child's parent will be detrimental to the child and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist; and (3) The statements, provisions, and requirements found in paragraphs (11) and (12) of subsection (b) of Code Section 15-11-201.

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15-11-201. (a) The case plan shall be designed to achieve placement in the most appropriate, least restrictive, and most family-like setting available and in close proximity to the parent's home, consistent with the best interests and special needs of the child, and which considers the placement's proximity to the school in which the child is enrolled at the time of placement. (b) The case plan shall be developed by DFCS and the child's parent, guardian, or legal custodian and, when appropriate, the child. The case plan shall include, but shall not be limited to, all of the following:
(1) A description of the circumstances that resulted in the child being placed under the jurisdiction of the court and in foster care; (2) An assessment of the child's and family's strengths and needs and the type of placement best equipped to meet those needs; (3) A description of the type of home or institution in which the child is to be placed, including a discussion of the safety and appropriateness of the placement; (4) Specific time-limited goals and related activities designed to enable the safe return of the child to his or her home, or, in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation; (5) Assignment of specific responsibility for accomplishing the planned activities; (6) The projected date of completion of the case plan objectives; (7) The date time-limited services will be terminated; (8) A schedule of visits between the child and his or her siblings and other appropriate family members and an explanation if no visits are scheduled; (9) When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the child's parent, guardian, or legal custodian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interests of the child; (10) When an out-of-state group home placement is recommended or made, the case plan shall comply with Code Section 39-4-4, the Interstate Compact on the Placement of Children. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for such particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended; (11) If applicable, a statement that reasonable efforts have been made and a requirement that reasonable efforts shall be made for so long as the child remains in the custody of the department:
(A) To place siblings removed from their home in the same foster care, kinship care, guardianship, or adoptive placement, unless DFCS documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and (B) In the case of siblings removed from their home who are not so jointly placed, for frequent visitation or other ongoing interaction between the siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings;

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(12) Provisions ensuring the educational stability of the child while in foster care, including:
(A) An assurance that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; (B) An assurance that the state agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement; or (C) If remaining in such school is not in the best interests of the child, an assurance by DFCS that DFCS and the local educational agencies have cooperated to assure the immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to such new school; (13) An account of health and education information about the child including school records, immunizations, known medical problems, any known medications the child may be taking, names and addresses of the child's health and educational providers; the child's grade level performance; assurances that the child's placement in foster care takes into account proximity to the school in which the child was enrolled at the time of placement; and other relevant health and educational information; (14) A recommendation for a permanency plan for the child. If, after considering reunification, adoptive placement, or permanent guardianship, DFCS recommends placement in another planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the child's best interests. For purposes of this paragraph, a 'compelling reason' shall have the same meaning as in paragraph (2) of subsection (b) of Code Section 15-11-233; (15) A statement that the parent, guardian, or legal custodian and the child have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why he or she was not able to participate or sign the case plan; (16) A requirement that the DFCS case manager and staff and, as appropriate, other representatives of the child provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as the child may elect in the 90 day period immediately prior to the date on which the child will attain 18 years of age; (17) For a child in out-of-home care who is 14 years of age or older, a written description of the programs and services which will help the child prepare for the transition from foster care to independent living; and (18) The identity of the person within DFCS or other agency who is directly responsible for ensuring that the case plan is implemented.

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15-11-202. (a) Except as provided in subsection (a) of Code Section 15-11-203, reasonable efforts shall be made to preserve or reunify families:
(1) Prior to the placement of a child in DFCS custody to prevent the need for removing the child from the child's home; or (2) To eliminate the need for removal and make it possible for a child to return safely to the child's home at the earliest possible time. (b) In determining the type of reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child's health and safety shall be the paramount concern. (c) Reasonable efforts are made upon the exercise of due diligence by DFCS to use appropriate services to meet the needs of the child and the child's family. Services may include those provided by DFCS and other services available in the community. (d) The court shall be required to review the appropriateness of DFCS's reasonable efforts at each stage of the proceedings. (e)(1) At the preliminary protective hearing, DFCS has the burden of demonstrating that:
(A) It has made reasonable efforts to prevent placement of a child in foster care; (B) There are no appropriate services or efforts which could allow the child to safely remain in the home given the particular circumstances of the child and family at the time of the child's removal and so the absence of such efforts was justifiable; or (C) Reasonable efforts to prevent placement and to reunify the child with the child's family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203. (2) At the adjudication hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to eliminate the need for removal of the child from the child's home and to reunify the child with the child's family at the earliest possible time; or (B) Reasonable efforts to prevent placement and to reunify the child with the child's family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203. (3) At each other hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to eliminate the need for removal of the child from the child's home and to reunify the child with the child's family at the earliest possible time; or (B) It has made reasonable efforts to finalize an alternative permanent home for the child. (f) When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were: (1) Relevant to the safety and protection of the child; (2) Adequate to meet the needs of the child and family; (3) Culturally and linguistically appropriate;

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(4) Available and accessible; (5) Consistent and timely; and (6) Realistic under the circumstances. (g) A finding that reasonable efforts have not been made shall not preclude the entry of an order authorizing the child's placement when the court finds that placement is necessary for the protection of the child. (h) When efforts to prevent the need for the child's placement were precluded by an immediate threat of harm to the child, the court may make a finding that reasonable efforts were made if it finds that the placement of the child in the absence of such efforts was justifiable. (i) Reasonable efforts to place a child for adoption or with a guardian or legal custodian may be made concurrently with reasonable efforts to reunify. When DFCS decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent, guardian, or legal custodian, DFCS shall disclose its decision and both plans to all parties and obtain approval from the court. When DFCS proceeds on both plans, the court's review of reasonable efforts shall include efforts under both plans. (j) An order placing or continuing the placement of a child in DFCS custody shall contain, but shall not be limited to, written findings of facts stating: (1) That the child's continuation in or return to the child's own home would be contrary to the child's welfare; (2) Whether reasonable efforts have been made to prevent or eliminate the need for placement of the child, unless the court has determined that such efforts are not required or shall cease; and (3) Whether reasonable efforts should continue to be made to prevent or eliminate the need for placement, unless the court has previously determined that such efforts are not required or shall cease.
15-11-203. (a) The court may direct that reasonable efforts to eliminate the need for placement of the child shall not be required or shall cease if the court determines and makes written findings of fact that:
(1) The parent has subjected the child to aggravated circumstances; (2) The parent has been convicted of the murder of another child of the parent; (3) The parent has been convicted of the voluntary manslaughter of another child of the parent; (4) The parent has been convicted of aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of the parent; (5) The parent has been convicted of committing a felony assault that results in serious bodily injury to the child or another child of the parent; (6) The parent has been convicted of rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the child or another child of the parent;

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(7) The parent is required to register as a sex offender and that preservation of the parent-child relationship is not in the child's best interests; or (8) The parental rights of the parent to a sibling have been terminated involuntarily and the circumstances leading to the termination of parental rights to that sibling have not been resolved. (b) If the court determines that one or more of the circumstances enumerated in subsection (a) of this Code section exist or DFCS has submitted a written report to the court which does not contain a plan for reunification services then: (1) A permanency plan hearing shall be held for the child within 30 days; and (2) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.
15-11-204. (a) If the DFCS report does not contain a plan for reunification services, the court shall hold a nonreunification hearing to review the report and the determination that a plan for reunification services is not appropriate. (b) The nonreunification hearing shall be held no later than 30 days from the time the DFCS report is filed. Notice of the nonreunification hearing shall be provided, by summons, to the child if the child is 14 years of age or older, the child's parent, guardian, or legal custodian, the child's attorney, the child's guardian ad litem, if any, and specified nonparties entitled to notice. (c) At the nonreunification hearing:
(1) DFCS shall notify the court whether and when it intends to proceed with termination of parental rights; and (2) The court shall also hold a permanency plan hearing, at which the court shall consider in-state and out-of-state permanent placement options for the child, and shall incorporate a permanency plan for the child in its order. (d) DFCS shall have the burden of demonstrating by clear and convincing evidence that a reunification plan is not appropriate considering the health and safety of the child and the child's need for permanence. There shall be a presumption that reunification is detrimental to the child and reunification services should not be provided if the court finds by clear and convincing evidence that: (1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family; (2) A child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions; (3) A ground for terminating parental rights exists; or (4) Any of the circumstances set out in subsection (a) of Code Section 15-11-203 exist, making it unnecessary to provide reasonable efforts to reunify. (e) If the court has entered an order finding that reasonable efforts to reunify a child with his or her family are not required but the court finds further that referral for termination of parental rights and adoption is not in the best interests of the child, the

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court may, upon proper petition, place the child in the custody of a permanent guardian pursuant to the provisions of this article.
Part 11
15-11-210. (a) If not held in conjunction with the adjudication hearing, the disposition hearing shall be held and completed within 30 days after the conclusion of the adjudication hearing. (b) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of the child and the most appropriate disposition. (c) Before determining the appropriate disposition, the court shall receive in evidence:
(1) The social study report, if applicable, made by DFCS and the child's proposed written case plan. The social study report and case plan shall be filed with the court not less than 48 hours before the disposition hearing; (2) Any study or evaluation made by a guardian ad litem appointed by the court; (3) Any psychological, medical, developmental, or educational study or evaluation of the child; and (4) Other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. (d) Prior to the disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court. (e)(1) Portions of written reports received by the court which are not relied on by the court in reaching its decision, which if revealed would be prejudicial to the interests of the child or any party to the proceeding, may be withheld in the court's discretion. Confidential sources of information need not be disclosed. (2) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports. (f) At the conclusion of the disposition hearing, the court shall set the time and date for the first periodic review hearing and the permanency plan hearing.
15-11-211. (a) Before final disposition, a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by DFCS. (b) All adult relatives of the child identified in the search required by subsection (a) of this Code section, subject to exceptions due to family or domestic violence, shall be provided with notice:
(1) Specifying that the child has been or is being removed from parental custody; (2) 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;

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(3) 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 (4) Describing any financial assistance for which the relative may be eligible. (c) The search required by subsection (a) of this Code section and the notification required by subsection (b) of this Code section shall be completed, documented in writing, and filed with the court within 30 days from the date on which the child was removed from the home. (d) After the completion of the search required by subsection (a) of this Code section, DFCS shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to the child and with whom it may be appropriate to place the child until such relatives or persons are found or until the child is placed for adoption unless DFCS is excused from such search by the court.
15-11-212. (a) The court may make any of the following orders of disposition or a combination of those best suited to the protection and physical, emotional, mental, and moral welfare of the child:
(1) Permit the child to remain with his or her parent, guardian, or legal custodian subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child; (2) Grant or transfer temporary legal custody to any of these persons or entities:
(A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; (C) Any public agency authorized by law to receive and provide care for the child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include DJJ; or (D) An individual in another state with or without supervision by an appropriate officer pursuant to the requirements of the Code Section 39-4-4, the Interstate Compact on the Placement of Children; (3) Transfer jurisdiction over the child in accordance with the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children; (4) Order the child and such child's parent, guardian, or legal custodian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future conditions of dependency or other conduct or conditions which would be harmful to the child or society;

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(5) Order the parent, guardian, or legal custodian of the child to participate in a court approved educational or counseling program designed to contribute to the ability of the parent, guardian, or legal custodian to provide proper parental care and supervision of the child, including, but not limited to, parenting classes; (6) Order DFCS to implement and the child's parent, guardian, or legal custodian to cooperate with any plan approved by the court; or (7) Order temporary child support for a child to be paid by that person or those persons determined to be legally obligated to support the child. In determining such temporary child support, the court shall apply the child support guidelines provided in Code Section 19-6-15 and the implementation and any review of the order shall be held as provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction, the court may order the child support obligor in the existing order to make payments to the child's caretaker on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile court's order shall be filed in the clerk's office of the court that entered the existing order. Temporary child support orders entered pursuant to this paragraph shall be enforceable by the court's contempt powers so long as the court is entitled to exercise jurisdiction over the dependency case. (b) The transfer of temporary legal custody may be subject to conditions and limitations the court may prescribe. Such conditions and limitations shall include a provision that the court shall approve or direct the return of the physical custody of the child to the child's parent, guardian, or legal custodian either upon the occurrence of specified circumstances or at the direction of the court. The return of physical custody of the child to the child's parent, guardian, or legal custodian may be made subject to conditions and limitations the court may prescribe including, but not limited to, supervision for the protection of the child. (c) A child found to be dependent shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children unless the child is also found to be delinquent and the child's detention is warranted under the requirements of Article 7 of this chapter. (d) After transferring temporary legal custody of a child to DFCS, the court may at any time conduct sua sponte a judicial review of the current placement plan being provided to the child. After its review, the court may order DFCS to comply with the current placement plan, order DFCS to devise a new placement plan, or make any other order relative to placement or custody outside DFCS as the court finds to be in the best interests of the child. Placement or a change of custody by the court outside DFCS shall relieve DFCS of further responsibility for the child except for any provision of services ordered by the court to ensure the continuation of reunification services to the family when appropriate. (e) A court shall not be required to make an order of disposition regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the child is to be discharged into the physical

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custody of any person who had such custody when the court made its most recent finding that the child was dependent. (f) If a child is found to be a dependent child and the dependency is found to have been the result of substance abuse by a parent, guardian, or legal custodian and the court orders transfer of temporary legal custody of the child, the court shall be authorized to further order that legal custody of the child may not be transferred back to the child's parent, guardian, or legal custodian unless the parent, guardian, or legal custodian undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months. (g) If the court finds that DFCS preventive or reunification efforts have not been reasonable but that further efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child. (h) When the case plan requires a concurrent permanency plan, the court shall review the reasonable efforts of DFCS to recruit, identify, and make a placement in a home in which a relative, foster parent, or other person who has demonstrated an ongoing commitment to the child has agreed to provide a legally permanent home for the child in the event reunification efforts are not successful.
15-11-213. Any order of disposition shall contain written findings of fact to support the disposition and case plan ordered. Before making an order of disposition, the court shall consider the following:
(1) Why the best interests and safety of the child are served by the disposition and case plan ordered including but not limited to:
(A) The interaction and interrelationship of the child with his or her parent, siblings, and any other person who may significantly affect the child's best interests; (B) The child's adjustment to his or her home, school, and community; (C) The mental and physical health of all individuals involved; (D) The wishes of the child as to the child's placement; (E) The wishes of the child's parent, guardian, or legal custodian as to the child's custody; (F) Whether there exists a relative of the child or other individual who, after study by DFCS, is found to be qualified to receive and care for the child; and (G) The ability of the parent, guardian, or legal custodian to care for the child in the home so that no harm will result to the child; (2) The availability of services recommended in the case plan; (3) What alternative dispositions or services under the case plan were considered by the court and why such dispositions or services were not appropriate in the instant case; (4) The appropriateness of the particular placement made or to be made by the placing agency; and (5) Whether reasonable efforts were made to prevent or eliminate the necessity of the child's removal and to reunify the family after removal unless reasonable efforts were

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not required. The court's findings should include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the necessity of removal.
15-11-214. (a) An order of disposition in a dependency proceeding shall continue in force until the purposes of the order have been accomplished. (b) The court may terminate an order of disposition of a child adjudicated as dependent on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (c) Unless a child remains in DFCS care or continues to receive services from DFCS, as allowed by Article 5 of this chapter, when a child adjudicated as dependent reaches 18 years of age, all orders affecting him or her then in force terminate and he or she shall be discharged from further obligation or control.
15-11-215. (a) Not less than five days in advance of any placement change, DFCS shall notify the court, a child who is 14 years of age or older, the child's parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child's attorney, the child's guardian ad litem, if any, and any other attorney of record of such change in the location of the child's placement while the child is in DFCS custody. (b) If the child's health or welfare may be endangered by any delay in changing the child's placement, the court and all attorneys of record shall be notified of such placement change within 24 hours of such change. (c) A child who is 14 years of age or older, the child's parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child's attorney or guardian ad litem, if any, and any attorney of record may request a hearing with regard to the child's case plan or the permanency plan in order for the court to consider the change in the location of the child's placement and any changes to the case plan or permanency plan resulting from the child's change in placement location. The hearing shall be held within five days of receiving notice of a change in the location of the child's placement and prior to any such placement change, unless the child's health or welfare may be endangered by any delay in changing the child's placement. (d) At the hearing to consider the child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by DFCS, including a recommendation as to the location of the placement of the child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by DFCS, including the location of the child's placement. (e) If the court rejects DFCS recommendations, the court shall demonstrate that DFCS recommendations were considered and explain why it did not follow such recommendations. If the court rejects the DFCS case plan and permanency plan recommendations, including the change in the location of the placement of the child,

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the court may order DFCS to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of the child within the resources of the department, or make any other order relative to placement or custody outside the department as the court finds to be in the best interests of the child and consistent with the policy that children in DFCS custody should have stable placements. (f) Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for the child except for any provision of services ordered by the court to ensure the continuation of reunification services to the family when appropriate.
15-11-216. (a) All cases of children in DFCS custody shall be initially reviewed within 75 days following the child's removal from his or her home and shall be conducted by the court. An additional periodic review shall be held within four months following the initial review and shall be conducted by the court or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as are established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. The court shall have the discretion to schedule any subsequent review hearings as necessary. (b) At any periodic review hearing, the paramount concern shall be the health and safety of the child. (c) At the initial 75 day periodic review, the court shall approve the completion of the relative search, schedule the subsequent four-month review to be conducted by the court or a citizen judicial review panel, and shall determine:
(1) Whether the child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for the child and the child's family and whether any changes need to be made to the case plan including whether a concurrent case plan for nonreunification is appropriate; (3) The extent of compliance with the case plan by all participants; (4) The appropriateness of any recommended changes to the child's placement; (5) Whether appropriate progress is being made on the permanency plan; (6) Whether all legally required services are being provided to the child, the foster parents if there are foster parents, and the child's parent, guardian, or legal custodian; (7) Whether visitation is appropriate and, if so, approve and establish a reasonable visitation schedule consistent with the age and developmental needs of the child; (8) Whether, for a child who is 14 years of age or older, the services needed to assist the child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the child's removal and to reunify the family after removal, unless reasonable efforts were not required.

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(d) If at any review subsequent to the initial 75 day review the court finds that there is a lack of substantial progress towards completion of the case plan, the court shall order DFCS to develop a case plan for nonreunification or a concurrent case plan contemplating nonreunification. (e) At the time of each review of a child in DFCS custody, DFCS shall notify the court whether and when it intends to proceed with the termination of parental rights.
15-11-217. (a) In the event the periodic review of a case is conducted by a judicial citizen review panel, the panel shall transmit its report and that of DFCS, including its findings and recommendations together with DFCS proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parent within five days after the review. (b) DFCS shall provide the caregiver of the child, the foster parents of the child if there are foster parents, and any preadoptive parents or relatives providing care for the child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to the child. (c) Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of the plan. (d) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating the revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. (e) Notwithstanding subsections (c) and (d) of this Code section, if the judicial citizen review panel finds that there is a lack of substantial progress towards completion of the case plan, the court shall schedule a hearing within 30 days of such finding to determine whether a case plan for nonreunification is appropriate. (f) If the judicial citizen review panel determines that the parent has unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to DFCS and the child's attorney that a petition for termination of parental rights should be prepared.
15-11-218. (a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall issue written findings of fact that include:
(1) Why the child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for the child and the child's family and whether any changes need to be made to the case plan including whether a concurrent case plan for nonreunification is appropriate; (3) The extent of compliance with the case plan by all participants;

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(4) The basis for any changes to the child's placement; (5) Whether visitation is or continues to be appropriate; (6) A description of progress being made on the permanency plan; (7) Whether all legally required services are being provided to the child, the foster parents if there are foster parents, and the child's parent, guardian, or legal custodian; (8) Whether, for a child who is 14 years of age or older, the services needed to assist the child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the child's removal and to reunify the family after removal, unless reasonable efforts were not required. (b) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall order one of the following dispositions: (1) Return the child to the home of his or her parent, guardian, or legal custodian with or without court imposed conditions; (2) Allow the child to continue in the current custodial placement because the current placement is appropriate for the child's needs; (3) Allow the child to continue in the current custodial placement although the current placement is no longer appropriate for the child's needs and direct DFCS to devise another plan which shall:
(A) Be submitted within ten days for court approval; (B) Be furnished to all parties after court approval of the revised plan; and (C) Be provided to the caregiver of the child, the foster parents of the child if there are foster parents, and any preadoptive parents or relative providing care for the child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to the child; or (4) Make additional orders regarding the treatment plan or placement of the child to protect the child's best interests if the court determines DFCS has failed in implementing any material provision of the case plan or abused its discretion in the placement or proposed placement of the child.
Part 12
15-11-230. (a) The court shall hold a permanency plan hearing to determine the future permanent legal status of each child in DFCS custody. (b) The permanency plan hearing, which considers in-state and out-of-state placement options for the child, shall be held:
(1) No later than 30 days after DFCS has submitted a written report to the court which does not contain a plan for reunification services; (2) For children under seven years of age at the time a petition is filed, no later than nine months after the child has entered foster care;

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(3) For children seven years of age and older at the time a petition is filed, no later than 12 months after the child has entered foster care; or (4) For a child in a sibling group whose members were removed from the home at the same time and in which one member of the sibling group was under seven years of age at the time a petition for dependency was filed, the permanency plan hearing shall be held no later than nine months after the child has entered foster care. (c) After the initial permanency plan hearing has occurred, a permanency plan hearing shall be held not less frequently than every six months during the time the child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that the child's permanency plan and goal have been achieved. (d) The child, the child's parent, guardian, or legal custodian, the child's attorney, the child's guardian ad litem, if any, the foster parents of the child if there are foster parents, any preadoptive parent or relatives providing care for the child, and other parties shall be given written notice of a permanency plan hearing at least five days in advance of such hearing and shall be advised that the permanency plan recommended by DFCS will be submitted to the court for consideration as the order of the court. (e) The court shall consult with the child, in an age-appropriate manner, regarding the proposed permanency plan for the child.
15-11-231. At least five days prior to the permanency plan hearing, DFCS shall submit for the court's consideration a report recommending a permanency plan for the child. The report shall include documentation of the steps to be taken by DFCS to finalize the permanent placement for the child and shall include, but shall not be limited to:
(1) The name, address, and telephone number of the child's parent, guardian, or legal custodian; (2) The date on which the child was removed from his or her home and the date on which the child was placed in foster care; (3) The location and type of home or facility in which the child is currently held or placed and the location and type of home or facility in which the child will be placed; (4) The basis for the decision to hold the child in protective custody or to place the child outside of his or her home; (5) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of the child or other person who has demonstrated an ongoing commitment to the child or a statement as to why placement with the relative or other person is not safe or appropriate; (6) If as a result of the placement the child has been or will be transferred from the school in which the child is or most recently was enrolled, documentation that a placement that would maintain the child in that school is unavailable, inappropriate, or that the child's transfer to another school would be in the child's best interests; (7) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are

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not available or likely to become available within a reasonable time to meet the needs of the child or, if available, why such services are not safe or appropriate; (8) The goal of the permanency plan which shall include:
(A) Whether and, if applicable, when the child shall be returned to the child's parent; (B) Whether and, if applicable, when the child shall be referred for termination of parental rights and adoption; (C) Whether and, if applicable, when the child shall be placed with a permanent guardian; or (D) In the case in which DFCS has documented a compelling reason that none of the foregoing options would be in the best interests of the child, whether, and if applicable, when the child shall be placed in another planned permanent living arrangement; (9) If the child is 14 years of age or older, a description of the programs and services that are or will be provided to assist the child in preparing for the transition from foster care to independent living. The description shall include all of the following: (A) The anticipated age at which the child will be discharged from foster care; (B) The anticipated amount of time available in which to prepare the child for the transition from foster care to independent living; (C) The anticipated location and living situation of the child on discharge from foster care; (D) A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the child in preparing for the transition from foster care to independent living; and (E) The rationale for each program or service that is or will be provided to assist the child in preparing for the transition from foster care to independent living, the time frames for delivering such programs or services, and the intended outcome of such programs or services; and (10) When the recommended permanency plan is referral for termination of parental rights and adoption or placement in another home, a description of specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-state and interstate placements.
15-11-232. (a) At the permanency plan hearing, the court shall make written findings of fact that include the following:
(1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing; (2) The continuing necessity for and the safety and appropriateness of the placement; (3) Compliance with the permanency plan by DFCS and any other service providers, the child's parent, and the child's guardian or legal custodian, if any;

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(4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of the child and the child's parent, guardian, or legal custodian; (5) Efforts to eliminate the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child; (6) The date by which it is likely that the child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement; (7) Whether, in the case of child placed out-of-state, the out-of-state placement continues to be appropriate and in the best interests of the child; and (8) In the case of a child who is 14 years of age or older, the services needed to assist the child to make a transition from foster care to independent living. (b) The permanency plan incorporated in the court's order shall include: (1) Whether and, if applicable, when the child shall be returned to the child's parent; (2) Whether and, if applicable, when the child shall be referred for termination of parental rights and adoption; (3) Whether and, if applicable, when the child shall be placed with a permanent guardian; or (4) Whether there is a safe and appropriate placement with a fit and willing relative of the child or other person who has demonstrated an ongoing commitment to the child or a statement as to why placement with the relative or other person is not safe or appropriate. (c) If the court finds that there is a compelling reason that it would not be in the child's best interests to be returned to the parent, referred for termination of parental rights and adoption, or placed with a permanent guardian, then the court's order shall document the compelling reason and provide that the child should be placed in another planned permanent living arrangement as defined in the court's order. (d) A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of the child provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as the child may elect in the 90 day period immediately prior to the date on which the child will attain 18 years of age.
15-11-233. (a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to terminate the parental rights of the child's parent or, if such a petition has been filed

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by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption if:
(1) A child has been in foster care under the responsibility of DFCS for 15 of the most recent 22 months; (2) The court has made a determination that the parent has subjected the child to aggravated circumstances; (3) The court has made a determination that the child is an abandoned infant; or (4) The court has made a determination that the parent has been convicted of:
(A) The murder of another child of the parent; (B) Voluntary manslaughter of another child of the parent; (C) Voluntary manslaughter of the other parent of the child; (D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of the parent; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of the child; or (F) Committing felony assault that has resulted in serious bodily injury to the child or to another child of the parent. (b) Termination of parental rights may not be in the best interests of the child when: (1) The child is being cared for by a relative; (2) The case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of the child. Such compelling reasons may include, but shall not be limited to: (A) The parent is successfully participating in services that will make it possible for the child to safely return home; (B) Another permanency plan is better suited to meet the health and safety needs of the child. Documentation that another permanent plan is better suited to meet the health and safety needs of the child may include documentation that:
(i) The child is 14 years of age or older and objects to termination of parental rights. Prior to accepting a child's objection, the court shall personally question the child in chambers to determine whether the objection is the voluntary and knowing choice of the child; (ii) The child is 16 years of age or older and specifically requests that emancipation be established as his or her permanent plan; (iii) The parent and the child have a significant bond, but the parent is unable to care for the child because of an emotional or physical disability, and the child's caregiver has committed to raising the child to the age of majority and facilitating visitation with the disabled parent; or (iv) The child is in a residential treatment facility that provides services specifically designed to address the child's treatment needs, and the court determines that the child's needs could not be served by a less restrictive placement; (C) The child is living with a relative who is unable or unwilling to adopt the child, but who is willing and capable of providing the child with a stable and permanent

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home environment, and the removal of the child from the physical custody of his or her relative would be detrimental to the child's emotional well-being; (D) The court or judicial citizen review panel, in a prior hearing or review, determined that while the case plan was to reunify the family, DFCS did not make reasonable efforts; or (E) The child is an unaccompanied refugee or there are international legal obligations or foreign policy reasons that would preclude terminating parental rights; or (3) DFCS has not provided to the family of the child services deemed necessary for the safe return of the child to the child's home, consistent with the specific time frames for the accomplishment of the case plan goals. (c) The recommendation by DFCS that termination of parental rights is not in the best interests of the child shall be based on the present family circumstances of the child and shall not preclude a different recommendation at a later date if the child's family circumstances change.
Part 13
15-11-240. (a) In addition to the jurisdiction to appoint guardians pursuant to Code Section 15-1113, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child whose custody is a subject of controversy before the court as a result of an adjudication that the child is dependent in accordance with this article. Prior to the entry of such an order, the court shall:
(1) Find that reasonable efforts to reunify the child with his or her parents would be detrimental to the child or find that the living parents of the child have consented to the permanent guardianship; (2) Find that termination of parental rights and adoption is not in the best interests of the child; (3) Find that the proposed permanent guardian can provide a safe and permanent home for the child; (4) Find that the appointment of a permanent guardian for the child is in the best interests of the child and that the individual chosen as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interests of the child; and (5) If the child is 14 years of age or older, find that the appointment of a permanent guardian for the child is in the best interests of the child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interests of the child. (b) The court may enter an order of support on behalf of the child against the parents of the child in accordance with paragraph (7) of subsection (a) of Code Section 15-11-212.

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15-11-241. The petition for the appointment of a permanent guardian pursuant to this part shall set forth:
(1) The facts upon which the court's jurisdiction is based; (2) The name and date of birth of the child; (3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to the child, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to the child, if any; (4) A statement that:
(A) Reasonable efforts to reunify the child with his or her parents would be detrimental to the child; (B) Termination of parental rights and adoption is not in the best interests of the child; (C) The proposed guardian can provide a safe and permanent home for the child; (D) The appointment of a permanent guardian for the child is in the best interests of the child and that the individual chosen as the child's guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interests of the child; and (E) If the child is 14 years of age or older, that the appointment of a permanent guardian for the child is in the best interests of the child and that the individual chosen by such child as the child's permanent guardian is the most appropriate individual to be the child's permanent guardian taking into consideration the best interests of the child; (5) Whether the child was born out of wedlock and, if so, the name and address of the biological father, if known; (6) Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of the child that deals with the guardianship of the child and the name and address of any designee named in the document; (7) In addition to the petitioner and the nominated guardian and, if the parent has not consented to the permanent guardianship, the names and addresses of the following relatives of the child whose whereabouts are known: (A) The adult siblings of the child; provided, however, that not more than three adult siblings need to be listed; (B) If there is no adult sibling of the child, the grandparents of the child; provided, however, that not more than three grandparents need to be listed; or (C) If there is no grandparent of the child, any three of the nearest adult relatives of the child determined according to Code Section 53-2-1; (8) Whether a temporary guardian has been appointed for the child or a petition for the appointment of a temporary guardian has been filed or is being filed; and (9) The reason for any omission in the petition for appointment of a permanent guardian for the child in the event full particulars are lacking.

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15-11-242. (a) Permanent guardianship orders entered pursuant to Code Section 15-11-240 shall:
(1) Remain in effect until the child reaches the age of 18 or becomes emancipated; (2) Not be subject to review by the court except as provided in Code Section 15-11244; and (3) Establish a reasonable visitation schedule which allows the child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent's right to visitation. (b) A permanent guardian shall have the rights and duties of a permanent guardian as provided in Code Sections 29-2-21, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as provided in Code Section 29-2-24.
15-11-243. (a) Notice of a guardianship petition pursuant to this part shall be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardianship, notice of the petition shall not be required to be given to:
(1) The adult siblings of the child; (2) The grandparents of the child; or (3) The nearest adult relatives of the child as determined in accordance with Code Section 53-2-1. (b) The hearing shall be conducted in accordance with Code Section 29-2-18, to determine the best interests of the child, and in reaching its determination the court shall consider Code Section 15-11-240.
15-11-244. (a) The court shall retain jurisdiction over a guardianship action under this part for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian. (b) The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support or visitation order entered pursuant to Code Section 15-11-240. (c) The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child or the guardian and that such modification, vacation, or revocation of the guardianship order and the appointment of a new guardian is in the best interests of the child. Appointment of a new guardian shall be subject to the provisions of Code Sections 15-11-240 and 15-11-241.
ARTICLE 4 Part 1

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15-11-260. (a) The purpose of this article is:
(1) To protect a child whose parent is unwilling or unable to provide safety and care adequate to meet his or her physical, emotional, and mental health needs by providing a judicial process for the termination of all parental rights and responsibilities; (2) To eliminate the need for a child to wait unreasonable periods of time for his or her parent to correct the conditions which prevent a return to the family; (3) To ensure that the continuing needs of a child for proper physical, mental, and emotional growth and development are the decisive considerations in all proceedings; (4) To ensure that the constitutional rights of all parties are recognized and enforced in all proceedings conducted pursuant to this article while ensuring that the fundamental needs of a child are not subjugated to the interests of others; and (5) To encourage stability in the life of a child who has been adjudicated dependent and has been removed from his or her home by ensuring that all proceedings are conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for a child. (b) Nothing in this article shall be construed as affecting the rights of a parent other than the parent who is the subject of the proceedings.
15-11-261. (a) An order terminating the parental rights of a parent shall be without limit as to duration and shall divest the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except:
(1) The right of the child to receive child support from his or her parent until a final order of adoption is entered; (2) The right of the child to inherit from and through his or her parent. The right of inheritance of the child shall be terminated only by a final order of adoption; (3) The right of the child to benefits due to him or her from any third person, agency, state, or the United States based on the child's status as a child of his or her parent. This right shall be terminated only by a final order of adoption; and (4) The right of the child to pursue any civil action against his or her parent. (b) When an order terminating the parent and child relationship has been issued, the parent whose right has been terminated shall not thereafter be entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in such proceedings. (c) The relationship between the child and his or her siblings shall not be severed until that relationship is terminated by final order of adoption. (d) A relative whose relationship to the child is derived through the parent whose parental rights are terminated shall be considered to be a relative of the child for purposes of placement of, and permanency plan for, the child until such relationship is terminated by final order of adoption.

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15-11-262. (a) The child and any other party to a proceeding under this article shall have the right to a qualified and independent attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for the child in a termination of parental rights proceeding. The appointment shall be made as soon as practicable to ensure adequate representation of the child and, in any event, before the first court hearing that may substantially affect the interests of the child. (c) A child's attorney owes to the child the duties imposed by the law of this state in an attorney-client relationship. (d) The court shall appoint a guardian ad litem for the child in a termination proceeding:
(1) At the request of the child's attorney; or (2) Upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of the child. (e) The role of a guardian ad litem in a termination of parental rights proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (f) A person appointed as a child's attorney shall have received training that is administered or approved by the Office of the Child Advocate for the Protection of Children prior to being appointed. Such preappointment training shall be satisfied within an attorney's existing continuing legal education obligations and shall not require the attorney to complete additional training hours in addition to those currently required by the State Bar of Georgia. (g) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent the child in any subsequent proceeding. (h) An attorney appointed to represent a child in a termination proceeding shall continue the representation in any subsequent appeals unless excused by the court. (i) Neither the child nor a representative of the child may waive the right to an attorney in a termination proceeding. (j) A party other than a child shall be informed of his or her right to an attorney prior to the adjudication hearing and prior to any other hearing at which a party could be subjected to the loss of residual parental rights. A party other than a child shall be given an opportunity to: (1) Obtain and employ an attorney of the party's own choice; (2) To obtain a court appointed attorney if the court determines that the party is an indigent person; or (3) Waive the right to an attorney.
15-11-263. (a) Upon motion of any party or the court, the court may require a physical or mental evaluation of any parent, stepparent, guardian, legal custodian, or child.

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(b) The cost of any ordered evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.
15-11-264. (a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party; (2) A copy of any formal written statement made by the child who is alleged to be dependent or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing; (3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced; (4) Any drug screen concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian; (5) Any case plan concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian; (6) Any visitation schedule related to the child who is alleged to be dependent; (7) Photographs and any physical evidence which are intended to be introduced at any hearing; (8) Copies of the police incident report regarding an occurrence which forms part or all of the basis of the petition; and (9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section. (b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing: (1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the child who is alleged to be dependent or the family, parent, guardian, or legal custodian of such child; (2) Any school record concerning the child who alleged to be dependent; (3) Any medical record concerning the child who is alleged to be dependent; (4) Transcriptions, recordings, and summaries of any oral statement of the child who is alleged to be dependent or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel; (5) Any family team meeting report or multidisciplinary team meeting report concerning the child who is alleged to be dependent or his or her parent, guardian, or legal custodian; (6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and

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(7) Immigration records concerning the child who is alleged to be dependent. (c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party:
(1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request. (e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would: (1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) No deposition shall be taken of a child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part. (g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to

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this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication. (i) Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.
15-11-265. Once a petition to terminate parental rights has been filed, the parent shall thereafter be without authority to execute an act of surrender or otherwise to affect the custody of the child except the parent may:
(1) Execute an act of surrender in favor of DFCS; and (2) Consent to a judgment terminating his or her parental rights.
Part 2
15-11-270. (a) A proceeding under this article shall be commenced in the county that has jurisdiction over the related dependency proceedings. (b) For the convenience of the parties, the court may transfer proceedings to the county in which the parent legally resides. If a proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.
Part 3
15-11-280. (a) A petition to terminate parental rights and all subsequent court documents in such proceeding shall be entitled 'In the interest of _____, a child.', except upon appeal, in which event the anonymity of the child shall be preserved by use of appropriate initials. The petition shall be in writing. (b) The petition to terminate parental rights shall be made, verified, and endorsed by the court as provided in Article 3 of this chapter for a petition alleging dependency. (c) The petition to terminate parental rights shall:
(1) State clearly that an order for termination of parental rights is requested and that the effect of the order will be as stated in Code Section 15-11-260; (2) State the statutory ground, as provided in Code Section 15-11-310, on which the petition is based; and (3) Set forth plainly and with particularity:

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(A) The facts which bring the child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought; (B) The name, age, date of birth, and residence address of the child on whose behalf the petition is brought; (C) The name and residence address of the parent, guardian, or legal custodian of the child; or, if neither the child's parent nor the child's guardian nor the child's legal custodian resides or can be found within the state or if such place of residence address is unknown, the name of any known adult relative residing within the county or, if there is none, the known adult relative residing nearest to the location of the court; (D) Whether the child is in protective custody and, if so, the place of his or her foster care and the time the child was taken into protective custody; and (E) Whether any of the matters required by this paragraph are unknown. (d) When a petition seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to the child, the petition shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child or indicating the possibility of paternity of a child of the child's mother for a period beginning no later than two years immediately preceding the child's date of birth. The certificate shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition or as of a date later than the date of the petition to terminate parental rights. (e) A copy of a voluntary surrender or written consent, if any, previously executed by the parent shall be attached to the petition to terminate parental rights.
15-11-281. (a) The court shall direct the issuance of a summons to the child's mother, legal father or biological father, guardian, legal custodian, the child's attorney, the child's guardian ad litem, if any, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights. A copy of such petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of such petition can be obtained. (b) The court shall direct notice and a copy of the petition be provided to the child if the child is 14 years of age or older. (c) The summons shall include the notice of effect of a termination judgment as set forth in Code Section 15-11-284 and shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person.

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(d) The court may endorse upon the summons an order directing the parent, guardian, or legal custodian of the child to appear personally at the hearing or directing the person having the physical custody or control of the child to bring the child to the hearing. (e) A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing.
15-11-282. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 30 days before the termination of parental rights hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with reasonable diligence, the summons shall be served upon such party at least 30 days before the termination of parental rights hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with reasonable diligence, service of the summons shall be made at least 30 days before the termination of parental rights hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt request. (d) If, after justifiable effort, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The termination of parental rights hearing shall not be earlier than 31 days after the date of the last publication.
(e)(1) Service by publication shall be made once a week for four consecutive weeks in the official organ of the county where the petition to terminate parental rights has been filed. Service shall be deemed complete upon the date of the last publication. (2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of the child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights. (3) A free copy of the petition to terminate parental rights shall be available to the parent from the court during business hours or, upon request, shall be mailed to the parent. (4) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition to terminate parental rights to the absent parent's last known address.

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(f) Service of the summons may be made by any suitable person under the direction of the court. (g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-283. (a) Unless he has surrendered all parental rights to the child, a summons shall be served on:
(1) A biological father who is the legal father of the child; (2) A biological father whose paternity has been previously established in a judicial proceeding to which the father was a party; (3) A biological father whose identity is known to the petitioner or the petitioner's attorney; (4) A biological father who is a registrant on the putative father registry and has acknowledged paternity of the child; (5) A biological father who is a registrant on the putative father registry who has indicated possible paternity of a child born to the child's mother during a period beginning two years immediately preceding the child's date of birth; or (6) A biological father who, if the court finds from the evidence including but not limited to the affidavit of the child's mother, has performed any of the following acts:
(A) Lived with the child; (B) Contributed to the child's support; (C) Made any attempt to legitimate the child; or (D) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child. (b) Notice shall be given to a biological father by the following methods: (1) If a biological father is within this state and can be found, the summons shall be served upon him personally as soon as possible and least 30 days before the termination of parental rights hearing; (2) If a biological father is outside this state but his address is known or can be ascertained with reasonable diligence, service of summons shall be made at least 30 days before the termination of parental rights hearing either by delivering a copy to him personally or by mailing a copy to him by registered or certified mail or statutory overnight delivery, return receipt requested; or (3) If, after justifiable effort, a biological father to be served with summons cannot be found and his address cannot be ascertained, whether he is within or outside this state, the court may order service of summons upon him by publication. The termination of parental rights hearing shall not be earlier than 31 days after the date of the last publication. Service by publication shall be as follows: (A) Service by publication shall be made once a week for four consecutive weeks in the official organ of the county where the petition to terminate parental rights has

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been filed and of the county of the biological father's last known address. Service shall be deemed complete upon the date of the last publication; (B) When served by publication, the notice shall contain the names of the parties, except that the anonymity of the child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the biological father to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights; (C) A free copy of the petition to terminate parental rights shall be available to the biological father from the court during business hours or, upon request, shall be mailed to the biological father; and (D) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition to terminate parental rights to the biological father's last known address. (c) The notice shall advise the biological father who is not the legal father that he may lose all rights to the child and will not be entitled to object to the termination of his rights to the child unless, within 30 days of receipt of notice, he files: (1) A petition to legitimate the child; and (2) Notice of the filing of the petition to legitimate with the court in which the termination of parental rights proceeding is pending. (d) If the identity of the biological father is not known to the petitioner or the petitioner's attorney and the biological father would not be entitled to notice in accordance with subsection (a) of this Code section, then it shall be rebuttably presumed that he is not entitled to notice of the proceedings. The court shall be authorized to require the mother to execute an affidavit supporting the presumption or show cause before the court if she refuses. Absent evidence rebutting the presumption, no further inquiry or notice shall be required by the court, and the court may enter an order terminating the rights of the father. (e) The court may enter an order terminating all the parental rights of a biological father, including any right to object thereafter to such proceedings: (1) Who fails to file a timely petition to legitimate the child and notice in accordance with subsection (c) of this Code section; (2) Whose petition to legitimate is subsequently dismissed for failure to prosecute; or (3) Whose petition to legitimate does not result in a court order finding that he is the legal father of the child.
15-11-284. The notice required to be given to the mother, the biological father, and legal father of the child shall state:
'NOTICE OF EFFECT OF TERMINATION JUDGMENT

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Georgia law provides that you can permanently lose your rights as a parent. A petition to terminate parental rights has been filed requesting the court to terminate your parental rights to your child. A copy of the petition to terminate parental rights is attached to this notice. A court hearing of your case has been scheduled for the _____ day of __________, _____ at the_________Court of _______County. If you fail to appear, the court can terminate your rights in your absence. If the court at the trial finds that the facts set out in the petition to terminate parental rights are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to your child. This means that you will not have the right to visit, contact, or have custody of your child or make any decisions affecting your child or your child's earnings or property. Your child will be legally freed to be adopted by someone else. Even if your parental rights are terminated: (1) You will still be responsible for providing financial support (child support payments) for the child's care unless and until the child is adopted; (2) The child can still inherit from you unless and until the child is adopted; and (3) The child can still receive benefits based on his or her status as your child unless and until the child is adopted. This is a very serious matter. You should contact an attorney immediately so that you can be prepared for the court hearing. You have the right to hire an attorney and to have him or her represent you. If you cannot afford to hire an attorney, the court will appoint an attorney if the court finds that you are an indigent person. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is __________.'
15-11-285. (a) If any person named in and properly served with summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child before the court, then the court may issue a rule nisi against the person, directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If the summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child into protective custody.
Part 4
15-11-300. (a) In advance of each hearing to terminate parental rights, DFCS shall give written notice of the date, time, place, and purpose of the hearing to the caregiver of the child, the foster parents of the child if there are foster parents, any preadoptive parent, or any

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relative providing care for the child, including the right to be heard. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing by United States mail, e-mail, or hand delivery. (b) This Code section shall not be construed to require a caregiver, foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing solely on the basis of such notice and right to be heard.
15-11-301. (a) If no just cause has been shown for delay, all hearings contemplated by this article shall be conducted within 90 days of the date a petition to terminate parental rights is filed. (b) If no just cause for delay has been shown by written finding of fact by the court, an order of disposition shall be issued by the juvenile court no later than 30 days after the conclusion of the hearing on the petition to terminate parental rights. (c) All hearings contemplated by this article shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the hearings. If no just cause for delay has been shown, the court reporter shall provide a transcript of the hearings no later than 30 days after a notice of appeal is filed. (d) This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order. (e) Failure to comply with the time requirements of this Code section shall not be grounds to invalidate an otherwise proper order terminating parental rights unless the court determines that such delay resulted in substantial prejudice to a party.
15-11-302. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent dependency or termination proceedings involving the same child or dependency or termination proceedings involving the same respondent.
15-11-303. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence.
Part 5
15-11-310. (a) In considering the termination of parental rights, the court shall first determine whether one of the following statutory grounds for termination of parental rights has been met:

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(1) The parent has given written consent to termination which has been acknowledged by the court or has voluntarily surrendered the child for adoption; (2) The parent has subjected the child to aggravated circumstances; (3) The parent has wantonly and willfully failed to comply for a period of 12 months or longer with a decree to support the child that has been entered by a court of competent jurisdiction of this or any other state; (4) The child is abandoned by the parent; or (5) The child is dependent due to lack of proper parental care or control by the parent, reasonable efforts to remedy the circumstances have been unsuccessful or were not required, such cause of dependency is likely to continue or will not likely be remedied, and the continued dependency will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. (b) If any of the statutory grounds for termination has been met, the court shall then consider whether termination is in the child's best interests after considering the following factors: (1) The child's sense of attachments, including the child's sense of security, the child's sense of familiarity, and continuity of affection for the child; (2) The child's wishes and long-term goals; (3) The child's need for permanence which includes the child's need for stability and continuity of relationships with a parent, siblings, and other relatives; and (4) Any other factors, including the factors set forth in Code Section 15-11-26, considered by the court to be relevant and proper to its determination. (c) If the court determines that the parent has subjected the child to aggravated circumstances because the parent has committed the murder of the other parent of the child, the court shall presume that termination of parental rights is in the best interests of the child.
15-11-311. (a) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following:
(1) A medically verified deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the child; (2) Excessive use of or history of chronic unrehabilitated substance abuse with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child; (3) A felony conviction and imprisonment of the parent for an offense which has a demonstrably negative effect on the quality of the parent-child relationship including, but not limited to, any of the following:
(A) Murder of another child of the parent; (B) Voluntary manslaughter of another child of the parent; (C) Voluntary manslaughter of the other parent of the child;

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(D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of the parent; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of the child; or (F) Committing a felony assault that results in serious bodily injury to the child or another child of the parent; (4) Egregious conduct or evidence of past egregious conduct of a physically, emotionally, or sexually cruel or abusive nature by the parent toward the child or toward another child of the parent; (5) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect by the parent of the child or another child of the parent; and (6) Serious bodily injury or death of a sibling of a child under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. (b) In determining whether the child who is not in the custody and care of a parent is without proper parental care and control, the court shall also consider, without being limited to, whether the parent, without justifiable cause, has failed significantly for a period of six months prior to the date of the termination hearing: (1) To develop and maintain a parental bond with the child in a meaningful, supportive manner; (2) To provide for the care and support of the child as required by law or judicial decree; and (3) To comply with a court ordered plan designed to reunite the child with the parent. (c) A parent's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for determining the parent to be unwilling or unable to provide safety and care adequate to meet the child's physical, emotional, and mental health needs as provided in paragraph (1) of subsection (a) of this Code section or as depriving the child of proper parental care or control for purposes of this Code section and Code Section 15-11-310.
Part 6
15-11-320. (a) When the court finds that any ground set out in Code Section 15-11-310 is proved by clear and convincing evidence and that termination of parental rights is in the child's best interests, it shall order the termination of the parent's rights. (b) The court's order shall:
(1) Contain written findings on which the order is based, including the factual basis for a determination that grounds for termination of parental rights exist and that termination is in the best interests of the child; (2) Be conclusive and binding on all parties from the date of entry; (3) Grant custody of the child in accordance with Code Section 15-11-321; and

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(4) Inform the parent of his or her right to use the services of the Georgia Adoption Reunion Registry although failure to include such information shall not affect the validity of the judgment. (c) If the court does not order the termination of parental rights but the court finds that there is clear and convincing evidence that the child is dependent, the court may enter a disposition order in accordance with the provisions of Article 3 of this chapter. (d) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the department within 15 days of the filing of such order.
15-11-321. (a) Upon 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 interests of the child and in accordance with the child's court approved permanency plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in the child's best interests, 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 for the child; (3) The child's sense of attachment and need for continuity of relationships; (4) The value of biological and familial connections; and (5) Any other factors the court deems relevant to its determination. (b) A guardian or legal custodian shall submit to the jurisdiction of the court for purposes of placement. (c) A placement effected under the provisions of this Code section shall be conditioned upon the person who is given custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. (d) In addition to its rights as a legal custodian, the department has the authority to consent to the adoption of the child.
15-11-322. (a) If a petition seeking the adoption of the child is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court shall:
(1) Make written findings regarding whether reasonable efforts have been made to move the child to permanency; (2) Evaluate whether, in light of any change in circumstances, the permanency plan for the child remains appropriate; and (3) Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement.

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(b) In those cases in which the child was placed with a guardian of the child's person, within 60 days after such appointment and within 60 days after each anniversary date of such appointment, the guardian shall file with the court a personal status report of the child which shall include:
(1) A description of the child's general condition, changes since the last report, and the child's needs; (2) All addresses of the child during the reporting period and the living arrangements of the child for all addresses; and (3) Recommendations for any modification of the guardianship order.
15-11-323. (a) A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights or the parent voluntarily surrendered parental rights to DFCS and for whom the court has determined that adoption is no longer the permanent plan may petition the court to reinstate parental rights pursuant to the modification of orders procedure prescribed by Code Section 15-11-32. The child may file the petition to reinstate parental rights prior to the expiration of such three-year period if the department or licensed child-placing agency that is responsible for the custody and supervision of the child and the child stipulate that the child is no longer likely to be adopted. A child 14 years of age or older shall sign the petition in the absence of a showing of good cause as to why the child could not do so. (b) If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall cause notice to be served by United States mail to DFCS, the child's attorney of record, guardian ad litem, if any, foster parents, if any, and the child's former parent whose parental rights were terminated. The parent and foster parents, if any, shall have a right to be heard at the hearing to reinstate parental rights but shall not be parties at such hearing, and such hearing may be conducted in their absence. The child's motion shall be dismissed if the parent cannot be located or if the parent objects to the reinstatement. (c) The court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child's best interests. In determining whether reinstatement is in the child's best interests the court shall consider, but shall not be limited to, the following:
(1) Whether the parent whose rights are to be reinstated is a fit parent and has remedied his or her deficits as provided in the record of the prior termination proceedings and prior termination order; (2) The age and maturity of the child and the ability of the child to express his or her preference; (3) Whether the reinstatement of parental rights will present a risk to the child's health, welfare, or safety; and (4) Other material changes in circumstances, if any, that may have occurred which warrant the granting of the petition.

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(d) If the court grants the petition to reinstate parental rights, a review hearing will be scheduled within six months. During such period, the court may order that the child be immediately placed in the custody of the parent or, if the court determines that a transition period is necessary and the child is in DFCS custody at the time of the order, order DFCS to provide transition services to the family as appropriate. (e) An order granted under this Code section reinstates the parental rights to the child. Such reinstatement shall be a recognition that the situation of the parent and child has changed since the time of the termination of parental rights and reunification is now appropriate. (f) This Code section is intended to be retroactive and applied to any child who is under the jurisdiction of the court at the time of the hearing regardless of the date parental rights were terminated.
ARTICLE 5
15-11-350. The purpose of this article is:
(1) To enable children who have come into the care of the state due to abuse or neglect to enjoy as much normalcy as possible, by facilitating their participation in activities and opportunities appropriate to their ages and goals; (2) To prepare children who experience foster care to become independent and selfsufficient adults; (3) To assist children in foster care in planning for their future, including postsecondary education and the workplace; and (4) To provide support to older children who are leaving the state's care to ensure that their basic health, education, and safety needs are met as they transition to adulthood.
15-11-351. As used in this article, the term:
(1) 'Independent life skills assessment' means an assessment of a child upon reaching 16 years of age to determine the specific life skills services that are most appropriate for such child. (2) 'Independent living assessment' means a comprehensive assessment conducted during the month following a child's seventeenth birthday to determine such child's skills and abilities to live independently and become self-sufficient. (3) 'Life skills services' includes, but shall not be limited to, independent living skills training, including training to develop banking and budgeting skills, interviewing skills, parenting skills, educational support, employment training, basic legal skills, and counseling. (4) 'Preindependent living assessment' means an initial assessment of a child's strengths and needs to determine the preindependent living services that are most appropriate for such child.

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(5) 'Preindependent living services' includes, but shall not be limited to, life skills training, educational field trips, and mentoring. (6) 'Subsidized independent living services' means living arrangements that allow the child to live independently of the daily care and supervision of an adult in a setting that is not required to be licensed. (7) 'Young adult' means a person who has reached the age of 18 but is not yet 23 years of age.
15-11-352. (a) DFCS shall administer a system of independent living transition services to enable adolescents and young adults in foster care and young adults who exit foster care at age 18 to make the transition to self-sufficiency as adults. (b) The goals of independent living transition services shall be to assist adolescents and young adults in foster care and young adults who were formerly in foster care to obtain life skills and education for independent living and employment, to enjoy a quality of life appropriate for their age, and to assume personal responsibility for becoming selfsufficient adults. (c) In providing independent living services for children, DFCS shall balance the goals of normalcy and safety for a child and provide caregivers with as much flexibility as possible to enable such child to live as normal a life as possible and participate in ageappropriate extracurricular, enrichment, and social activities. (d) DFCS shall establish a continuum of services for eligible children in foster care and eligible young adults who were formerly in foster care which accomplish the goals for the system of independent living transition services. (e) For children in foster care, independent living transition services shall not be a permanency plan. Independent living transition services may occur concurrently with continued efforts to locate and achieve placement in adoptive families for adolescents in foster care or to achieve another court approved permanency plan.
15-11-353. (a) DFCS shall provide independent living services to children who have reached 14 years of age but are not yet 18 years of age and who are in foster care. Children to be served shall meet the eligibility requirements set forth for specific services as provided in this article. (b) DFCS shall provide independent living services to young adults who were in foster care when they turned 18 years of age. Young adults to be served shall meet the eligibility requirements set forth for specific services in this article. (c) DFCS shall develop objective criteria for determining eligibility benefits and services available under this article.
15-11-354. (a) DFCS shall provide adolescents and young adults with opportunities to participate in life skills activities in their foster families and communities which are reasonable and

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appropriate for their respective ages and shall provide them with services to build such skills and increase their ability to live independently and become self-sufficient. In providing these services DFCS may:
(1) Develop a list of age-appropriate activities and responsibilities to be offered to all children involved in independent living transition services and their foster parents; (2) Provide training for staff and foster parents to address the issues of adolescents in foster care in transitioning to adulthood, which shall include information on supporting education and employment and providing opportunities to participate in appropriate daily activities; (3) Develop procedures to maximize participation in age-appropriate activities of children in foster care; (4) Provide opportunities for adolescents in foster care to interact with mentors; and (5) Develop and implement procedures for adolescents to directly access and manage the personal allowance they receive from DFCS in order to learn responsibility and participate in age-appropriate life skills activities. (b) Each child in foster care, his or her foster parents, and DFCS or the community based provider shall set early achievement and career goals for the child's postsecondary educational and work experience. DFCS and community based providers shall implement a model to help ensure that children in foster care are ready for postsecondary education and the workplace as follows: (1) A child in foster care entering the ninth grade, the child's foster parents, and DFCS or a community based provider shall be active participants in choosing a postsecondary goal based upon both the abilities and interests of the child. Such goal shall accommodate the needs of the child served in exceptional education programs to the extent appropriate for the child. A child in foster care, with the assistance of the child's foster parents, and DFCS or a community based provider shall set a postsecondary goal including, but not limited to:
(A) Attending a four-year college or university, a community college plus university, or a military academy; (B) Receiving a two-year postsecondary degree; (C) Attaining a postsecondary career and technical certificate or credential; (D) Beginning immediate employment after completion of a high school diploma or its equivalent; or (E) Enlisting in the military; (2) In order to assist a child in achieving his or her chosen goal, DFCS or a community based provider shall, with the participation of the child and foster parents, identify: (A) The core courses necessary to qualify for a chosen goal; (B) Any elective courses which would provide additional help in reaching a chosen goal; (C) The grade point requirement and any additional information necessary to achieve a specific goal; and

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(D) A teacher, other school staff member, employee of DFCS or a community based care provider, or community volunteer who would be willing to work with the child as an academic advocate or mentor if foster parent involvement is insufficient or unavailable; (3) In order to complement educational goals, DFCS and community based providers are encouraged to form partnerships with the business community to support internships, apprenticeships, or other work related opportunities; and (4) DFCS and community based providers shall ensure that a child and the child's foster parents are made aware of the postsecondary goals available and shall assist in identifying the coursework necessary to enable the child to reach the chosen goal. (c) A child in foster care and a young adult formerly in foster care shall be encouraged to take part in learning opportunities that result from participation in community service activities. (d) A child in foster care and a young adult formerly in foster care shall be provided with the opportunity to change from one postsecondary goal to another, and each postsecondary goal shall allow for changes in each individual's needs and preferences. Any change, particularly a change that will result in additional time required to achieve a goal, shall be made with the guidance and assistance of DFCS or a community based provider.
15-11-355. DFCS shall provide transition to independence services to children in foster care who meet prescribed conditions and are determined eligible by DFCS. DFCS may allow a child who is between the ages of 18 and 21 years to remain in foster care. The service categories available to children in foster care which facilitate successful transition into adulthood are:
(1) Preindependent living services; (2) Life skills services; and (3) Subsidized independent living services.
15-11-356. (a) A child who has reached 14 years of age but is not yet 16 years of age who is in foster care shall be eligible for preindependent living services. The specific services to be provided to a child shall be determined using a preindependent living assessment. (b) DFCS shall conduct an annual staffing for each child who has reached 14 years of age but is not yet 16 years of age to ensure that the preindependent living training and services to be provided as determined by the preindependent living assessment are being received and to evaluate the progress of the child in developing the needed independent living skills. (c) At the first annual staffing that occurs following a child's fourteenth birthday, and at each subsequent staffing, DFCS shall provide to each child detailed information on any grants, scholarships, and waivers that are available and should be sought by the child with assistance from DFCS.

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(d) Information related to both the preindependent living assessment and all staffings, which shall be reduced to writing and signed by the child, shall be included as a part of the written report required to be provided to the court at each periodic review hearing.
15-11-357. (a) A child who has reached 16 years of age but is not yet 18 years of age who is in foster care shall be eligible for life skills services. (b) Children receiving such life skills services shall also be provided with information related to social security insurance benefits and public assistance. The specific services to be provided to a child shall be determined using an independent life skills assessment (c) DFCS shall conduct a staffing at least once every six months for each child who has reached 16 years of age but is not yet 18 years of age to ensure that the appropriate independent living training and services as determined by the independent life skills assessment are being received and to evaluate the progress of the child in developing the needed independent living skills. (d) DFCS shall provide to each child in foster care during the calendar month following the child's seventeenth birthday an independent living assessment to determine the child's skills and abilities to live independently and become selfsufficient. Based on the results of the independent living assessment, services and training shall be provided in order for the child to develop the necessary skills and abilities prior to the child's eighteenth birthday. (e) Information related to both the independent life skills assessment and all staffings, which shall be reduced to writing and signed by the child, shall be included as a part of the written report required to be provided to the court at each periodic review hearing.
15-11-358. (a) A child who has reached 17 years of age but is not yet 21 years of age may be eligible for subsidized independent living services if:
(1) The child has been adjudicated dependent under Article 3 of this chapter; has been placed in licensed out-of-home care for at least six months prior to entering subsidized independent living; and has a permanency goal of independent living or long-term licensed care; and (2) The child is able to demonstrate independent living skills, as determined by DFCS using established procedures and assessments. (b) Independent living arrangements established for a child shall be part of an overall plan leading to the total independence of the child from DFCS supervision. Such plan shall include, but shall not be limited to: (1) A description of the skills of the child and a plan for learning additional identified skills; (2) The behavior that the child has exhibited which indicates an ability to be responsible and a plan for developing additional responsibilities, as appropriate; (3) A plan for future educational, vocational, and training skills;

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(4) Present financial and budgeting capabilities and a plan for improving resources and ability; (5) A description of a proposed residence; (6) Documentation that the child understands the specific consequences of his or her conduct in an independent living program; (7) Documentation of proposed services to be provided by DFCS and other agencies, including the type of service and the nature and frequency of contact; and (8) A plan for maintaining or developing relationships with family, other adults, friends, and the community, as appropriate. (c) Subsidy payments in an amount established by DFCS may be made directly to a child under the direct supervision of a caseworker or other responsible adult approved by DFCS.
15-11-359. DFCS shall provide or arrange for the following services to young adults formerly in foster care who meet the prescribed conditions and are determined eligible by DFCS:
(1) Aftercare support services which are available to such young adults in their efforts to continue to develop the skills and abilities necessary for independent living; and (2) Transitional short-term services.
15-11-360. (a) A young adult who left foster care at 18 years of age but who requests services prior to reaching 23 years of age shall be eligible for aftercare support services. (b) Aftercare support services may include, but shall not be limited to:
(1) Mentoring and tutoring; (2) Mental health services and substance abuse counseling; (3) Life skills classes, including, but not limited to, credit management, preventive health activities, and basic legal skills; (4) Parenting classes; (5) Job skills training; (6) Counselor consultations; and (7) Temporary financial assistance. (c) The specific services to be provided under this Code section shall be determined by an aftercare services assessment and may be provided by DFCS or through referrals in the community. Temporary assistance provided to prevent homelessness shall be provided as expeditiously as possible and within the limitations defined by DFCS.
15-11-361. (a) In addition to any services provided through aftercare support, in DFCS's discretion, a young adult formerly in foster care may receive other appropriate transitional services, which may include financial, housing, counseling, employment, education, mental health, disability, and other services, if the young adult demonstrates

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that the services are critical to the young adult's own efforts to achieve self-sufficiency and to develop a personal support system. (b) A young adult shall be eligible to apply for transitional support services if he or she was a dependent child, was living in licensed foster care or in subsidized independent living at the time of his or her eighteenth birthday, and had spent at least six months living in foster care before his or her eighteenth birthday. (c) If at any time transitional support services are no longer critical to the young adult's own efforts to achieve self-sufficiency and to develop a personal support system, the provision of such services may be terminated.
15-11-362. Payment of aftercare or transitional support funds shall be made directly to the recipient unless the recipient requests in writing to the community based provider or DFCS that the payments or a portion of the payments be made directly on the recipient's behalf to a third party in order to secure services such as housing, counseling, education, or employment training as part of the young adult's own efforts to achieve self-sufficiency.
15-11-363. (a) A judicial review of the independent living services being provided to a child shall be held:
(1) For a child who has reached 14 years of age but is not 18 years of age, during the periodic review and permanency plan hearings under Article 3 of this chapter; or (2) For a young adult, at least annually. (b) In addition to the periodic review and permanency plan hearings under Article 3 of this chapter, the court shall hold a hearing to review the status of the child within 90 days after a child's seventeenth birthday. Such hearing may be held concurrently with a periodic review or permanency plan hearing. If necessary, the court may review the status of the child more frequently during the year prior to the child's eighteenth birthday. (c) At each periodic review, in addition to any information or report provided to the court, the foster parent, legal custodian, guardian ad litem, if any, and the child shall be given the opportunity to provide the court with any information relevant to the child's best interests as it relates to independent living transition services. In addition to any information or report provided to the court, DFCS shall include in its social study report written verification that the child has been: (1) Provided with a current Medicaid card and has been provided all necessary information concerning the Medicaid program sufficient to prepare the child to apply for coverage upon reaching 18 years of age, if such application would be appropriate; (2) Provided with a certified copy of his or her birth certificate and, if the child does not have a valid driver's license, a valid Georgia identification card; (3) Provided information relating to federal social security insurance benefits if the child is eligible for such benefits. If the child has received such benefits and the

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benefits are being held in trust for the child, a full accounting of such funds shall be provided and the child shall be informed about how to access such funds; (4) Provided with information and training related to budgeting skills, interviewing skills, parenting skills, and basic legal skills; (5) Provided with essential banking skills including an open bank account or identification necessary to open an account; (6) Provided with information on public assistance and how to apply; (7) Provided a clear understanding of where he or she will be living on his or her eighteenth birthday, how living expenses will be paid, and what educational program or school he or she will be enrolled in; and (8) Encouraged to attend all judicial review hearings occurring after his or her seventeenth birthday. (d) At the first judicial review hearing held subsequent to a child's seventeenth birthday, DFCS shall provide the court with an updated case plan that includes specific information related to independent living services that have been provided since the child's fourteenth birthday or since the date the child came into foster care, whichever came later. (e) At the time of a periodic review hearing if, in the opinion of the court, DFCS has not complied with its obligations as specified in the written case plan or in the provision of independent living services, the court shall issue a show cause order. If cause is shown for failure to comply, the court shall give DFCS 30 days within which to comply and, on failure to comply with this or any subsequent order, DFCS may be held in contempt.
15-11-364. The department shall promulgate regulations to administer this article and shall follow the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The department shall complete the development of all procedures, systems, assessments, and other items required by this article by January 1, 2014.
15-11-365. Nothing in this article shall be interpreted to limit a child's eligibility for postsecondary tuition, ancillary fees, or living expenses under Code Section 20-3-660.
ARTICLE 6 Part 1
15-11-380. The purpose of this article is:
(1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect the child from the irreversibility of certain choices and to protect the integrity of the family;

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(2) To make other family members aware of their contributions to their family's problems and to encourage family members to accept the responsibility to participate in any program of care ordered by the court; (3) To provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation which the child needs to assist him or her in becoming a responsible and productive member of society; and (4) To ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of the family referred to the court.
15-11-381. As used in this article, the term:
(1) 'Comprehensive services plan' means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons following a court's finding that a child is incompetent to proceed. A comprehensive services plan shall be submitted to the court for approval as part of the disposition of the child's case. (2) 'Habilitation' means the process by which a child is helped to acquire and maintain those life skills which will enable him or her to cope more effectively with the demands of his or her own person and of his or her environment and to raise the level of his or her physical, mental, social, and vocational abilities. (3) 'Home detention' means court ordered confinement of a child with his or her parent, guardian, legal custodian, or in some other specified home for 24 hours a day unless otherwise prescribed by written court order, under which the child is permitted out of the residence only at such hours and in the company of persons specified in the court order establishing the home detention. Home detention shall be monitored by DJJ or court based probation. (4) 'Nonsecure facility' means a public or private facility which does not include construction fixtures such as locked rooms and buildings, fences, or other physical structures designed to physically restrict the movements and activities of a child in custody. (5) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a comprehensive services plan. A plan manager shall be responsible for collecting all previous histories of the child including, but not limited to, evaluations, assessments, treatment summaries, and school records. (6) 'Runaway' means a child who without just cause and without the consent of his or her parent, guardian, or legal custodian is absent from his or her home or place of abode for at least 24 hours. (7) 'Status offense' means an act prohibited by law which would not be an offense if committed by an adult. (8) 'Truant' means having ten or more days of unexcused absences from school in the current academic year.

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(9) 'Valid court order' means a court order issued by a judge to a child alleged or found to have committed a status offense and:
(A) Who was brought before the court and made subject to the order; (B) Whose future conduct is regulated by the order; (C) Who was given verbal and written warning of the consequences of violating the order at the time the order was issued and whose attorney, parent, guardian, or legal custodian was also provided with written notice of the consequences of violating the order, and the notice is reflected in the court record; and (D) Who was afforded due process prior to the issuance of the order.
Part 2
15-11-390. (a) A complaint alleging a child is in need of services may be filed by a parent, guardian, or legal custodian, DFCS, a school official, a law enforcement officer, a guardian ad litem, or an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true. (b) The complaint shall set forth plainly and with particularity:
(1) The name, date of birth, and residence address of the child on whose behalf the complaint is being filed; (2) The names and residence addresses of the parent, guardian, or legal custodian, any other family members, or any other individuals living within the child's home; (3) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the child; and (4) Whether any of the matters required by this subsection are unknown. (c) When a school official is filing a complaint, information shall be included which shows that: (1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and (2) The school district has sought to engage the parent, guardian, or legal custodian in solving the problem but such person has been unwilling or unable to do so, that the problem remains, and that court intervention is needed. (d) When a school official is filing a complaint involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, information shall be included which demonstrates that the legally liable school district: (1) Has determined that the child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and (2) Has reviewed for appropriateness the child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate. (e) The juvenile court intake officer shall be responsible for receiving complaints alleging that a child is in need of services.

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15-11-391. (a) Upon the filing of a complaint alleging that a child is in need of services, the juvenile court intake officer shall convene a multidisciplinary conference to be attended by the child, the child's parent, guardian, or legal custodian, DFCS, and any other agency or public institution having legal responsibility or discretionary authority to supply services to the family except in emergencies or when the court or the juvenile court intake officer determines it to be inappropriate or futile. (b) The juvenile court intake officer shall determine whether a mandatory conference is inappropriate or futile based on:
(1) A screening of the child; and (2) If a parent, guardian, or legal custodian has filed the complaint, the nature of that parent, guardian, or legal custodian's participation in and compliance with previous mandatory conferences or informal family services plan agreements, if any. (c) Upon application to the court by the plan manager or upon the motion of any party or upon the court's own motion, the court shall issue an order for good cause to any person determined by the court to be a required participant in the mandatory multidisciplinary conference and who is required by federal or state law to protect the privacy of health information in his or her possession relating to the child alleged to be in need of services or to such child's primary caregiver. Such order shall require such person to comply with the convening of the multidisciplinary conference and to cooperate with the plan manager by disclosing relevant protected health information as ordered by the court. The relevant health information required to be disclosed by the court order shall be used only for the purposes of developing and implementing a comprehensive services plan that is reasonably related to the promotion of the care, guidance, counseling, structure, supervision, treatment, or rehabilitation of the child or the child's primary caregiver for the benefit of such child. For the purposes of this subsection, good cause shall exist when the protected health information being sought is reasonably related to the child alleged to be in need of services.
15-11-392. (a) After the mandatory multidisciplinary conference, the child, the child's parent, guardian, or legal custodian, DFCS, and any other member of the conference may effect an informal family services plan agreement. (b) An informal family services plan agreement shall include:
(1) The identification of the conduct of the child, the child's parent, guardian, or legal custodian, or any family member which is causing serious harm to the child and the services needed by that individual to mitigate or eliminate the problems within the family; (2) A description of the services which are needed for the child, the child's parent, guardian, or legal custodian, or other family members, the availability of such services within the community, and a plan for ensuring that any such services that are available will be secured and delivered;

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(3) A description of all expected action to be taken by the child, the child's parent, guardian, or legal custodian, or other family members; (4) The identification of DFCS caseworker assigned to the case and who is directly responsible for assuring that the informal family services plan agreement is implemented; and (5) An estimate of the time anticipated to be necessary in order to accomplish the goals set out in the informal family services plan agreement. (c) The informal family services plan agreement shall set forth in writing the terms and conditions agreed to by the parties as evidenced by their signature thereto. (d) The informal family services plan agreement shall demonstrate that the child and the child's parent, guardian, or legal custodian understand their right to an adjudication hearing on their need for services and shall also demonstrate that they consent to its terms with knowledge that consent is not obligatory and with knowledge of the effect of such agreement. (e) The duration of the informal family services plan agreement shall not exceed six months; however, the court may extend such agreement for one additional period not to exceed six months.
Part 3
15-11-400. DFCS shall be the lead agency and shall have the primary responsibility for the monitoring and management of child in need of services cases under this article.
15-11-401. (a) The continued custody hearing for a child in need of services shall be held promptly and no later than:
(1) Twenty-four hours after a child is taken into temporary custody if the child is being held in a secure juvenile detention facility; or (2) Seventy-two hours after the child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (b) If a child was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the following time frames apply: (1) The petition for a child in need of services shall be filed:
(A) Within 30 days of the juvenile court intake officer's determination that a mandatory conference would be inappropriate or futile; (B) Within 30 days of the child's release from temporary custody if the court determines that the mandatory conference would be inappropriate or futile; (C) Within 30 days of a court determination that continuing participation in the informal family services plan procedure would be inappropriate or futile; or (D) Within 30 days of the conclusion of the period governed by the informal family services plan agreement if the child and family have not achieved the goals set out

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in such agreement and there are reasonable grounds to believe that the child is still in need of services. If no petition for a child in need of services is filed within the required time frame, the complaint may be dismissed without prejudice; (2) Summons shall be served at least 24 hours before the adjudication hearing; (3) The adjudication hearing shall be scheduled to be held no later than 60 days after the filing of the petition for a child in need of services; and (4) If not held in conjunction with the adjudication hearing, the disposition hearing shall be held and completed within 30 days after the conclusion of the adjudication hearing. (c) If a child is not released from temporary custody at the continued custody hearing, the following time frames apply: (1) The petition for a child in need of services shall be filed within five days of the continued custody hearing; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition for a child in need of services; and (4) If not held in conjunction with the adjudication hearing, the disposition hearing shall be held and completed within 30 days after the conclusion of the adjudication hearing.
15-11-402. (a) A proceeding under this article may be commenced in the county in which the act complained of took place. (b) If a proceeding is commenced in the county in which the act complained of took place, the court shall transfer the case to the county in which the child legally resides for further proceedings. (c) When a proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany such transfer.
15-11-403. (a) A child shall have the right to a qualified and independent attorney at all stages of proceedings under this article. (b) The court shall appoint an attorney for a child alleged to be a child in need of services. (c) The court shall appoint a guardian ad litem for a child alleged to be a child in need of services:
(1) At the request of the child's attorney; or (2) Upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of the child. (d) The role of a guardian ad litem in a proceeding for a child in need of services shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.

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(e) If an attorney or a guardian ad litem has previously been appointed for the child in a dependency or delinquency proceeding, the court, when possible, shall appoint the same attorney or guardian ad litem. (f) An attorney appointed to represent the child in a proceeding for a child in need of services shall continue the representation in any subsequent appeals unless excused by the court. (g) Neither the child nor a representative of the child may waive the right to an attorney in a proceeding for a child in need of services. (h) A child shall be informed of his or her right to an attorney at or prior to the first mandatory conference and prior to the first court proceeding for a child in need of services. A child shall be given an opportunity to:
(1) Obtain and employ an attorney of the child's own choice; or (2) To obtain a court appointed attorney if the court determines that the child is an indigent person.
15-11-404. A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on such motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record.
15-11-405. If a child is alleged or found to be a child in need of services and is placed in foster care, the child shall be required to have a case plan. In addition to the case plan requirements of Code Section 15-11-201, a case plan shall include:
(1) A description of the child's strengths and needs; (2) A description of specific parental strengths and needs; (3) A description of other personal, family, or environmental problems that may contribute to the child's behaviors; (4) A description of the safety, physical, and mental health needs of the child; (5) Identification of the least restrictive placement to safeguard the child's best interests and protect the community; (6) An assessment of the availability of community resources to address the child's and family's needs; (7) An assessment of the availability of court diversion services; and (8) An assessment of the availability of other preventive measures.
15-11-406. Any proceeding or other processes or actions alleging for the first time that a child is a runaway shall be terminated or dismissed upon the request of the parent, guardian, or legal custodian of the child.

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Part 4
15-11-410. (a) A child may be taken into temporary custody under this article:
(1) Pursuant to a court order; or (2) By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances are such as to endanger the child's health or welfare unless immediate action is taken. (b) Before entering an order authorizing temporary custody, the court shall determine whether continuation in the home is contrary to the child's welfare and whether there are available services that would prevent the need for custody. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (c) A person taking a child into temporary custody shall deliver the child, with all reasonable speed and without first taking the child elsewhere, to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking a child into custody, the juvenile court intake officer shall determine if such child should be released, remain in temporary custody, or be brought before the court.
15-11-411. (a) A person taking a child into temporary custody shall not exercise custody over the child except for a period of 12 hours. A child taken into temporary custody may be placed in a nonsecure facility for a child in need of services. (b) Counties and municipalities shall be authorized to establish nonsecure facilities where a child who is suspected of being a child in need of services may be placed until the parent, guardian, or legal custodian assumes custody of the child. (c) Immediately after a child is brought into a nonsecure facility, every effort shall be made to contact the parents, guardian, or legal custodian of the child. (d) If a parent, guardian, or legal custodian has not assumed custody of the child in a nonsecure facility at the end of the 12 hour period, the court shall be notified and shall place the child in the least restrictive placement consistent with the child's needs for protection or control in the custody of the child's parents, guardian, or legal custodian upon such person's promise to bring the child before the court when requested by the court; provided, however, that if such placement is not available, the child shall be placed in the custody of DFCS which shall promptly arrange for foster care of the child.
15-11-412. (a) A child may be held in a secure juvenile detention facility until a continued custody hearing is held, provided that such child is not held in a secure detention facility for more than 24 hours and any of the following apply:

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(1) It is alleged that the child is a runaway; (2) It is alleged that the child is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable; or (3) The child has previously failed to appear at a scheduled hearing. (b) A child placed in a secure detention facility pursuant to subsection (a) of this Code section shall be appointed an attorney prior to the continued custody hearing. (c) In no case shall a child in custody be detained in a jail, adult lock-up, or other adult detention facility.
15-11-413. (a) If the child is being held in a secure juvenile detention facility, a continued custody hearing shall be held within 24 hours. If such hearing is not held within the time specified, the child shall be released from temporary detention in accordance with subsection (d) of Code Section 15-11-411 and with authorization of the detaining authority. (b) If a child is not being held in a secure juvenile detention facility and has not been released to the custody of the child's parent, guardian, or legal custodian, a hearing shall be held promptly and not later than 72 hours after the child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (c) At the commencement of the continued custody hearing, the court shall inform the parties of:
(1) The nature of the allegations; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to the child's case following adjudication; and (4) Due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that the child may remain silent and that anything said may be used against the child; the right to confront anyone who testifies against the child and to cross-examine any persons who appear against the child; the right of the child to testify and to compel other witnesses to attend and testify in his or her own behalf; the right of the child to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose.
15-11-414. (a) At the continued custody hearing, the court shall determine whether there is probable cause to believe that the child has committed a status offense or is otherwise a child in need of services and that continued custody is necessary. (b) If the court determines there is probable cause to believe that the child has committed a status offense or is otherwise in need of services, the court may order that the child:
(1) Be released to the custody of a parent, guardian, or legal custodian; or

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(2) Be placed in the least restrictive preadjudication placement consistent with the child's need for protection and control as authorized by Code Section 15-11-411 and in accordance with Code Section 15-11-415. (c) If the court determines there is probable cause to believe that the child has committed a status offense or is otherwise in need of services, the court shall: (1) Refer the child and the child's family for a mandatory conference; (2) Order that a petition for a child in need of services be filed and set a date for an adjudication hearing if the court determines that a mandatory conference would be inappropriate or futile; or (3) When a child and his or her family are already participating in informal family services plan procedures, order that a petition for a child in need of services be filed and set a date for an adjudication hearing if the court determines that continuing participation in the informal family services plan procedures would be inappropriate or futile. (d) Following the continued custody hearing, the court may detain a child in a secure juvenile detention facility for up to 24 hours, excluding weekends and legal holidays, only for the purpose of providing adequate time to arrange for an appropriate alternative placement pending the adjudication hearing. (e) All orders shall contain written findings as to the form or conditions of release. If a child cannot be returned to the custody of his or her parent, guardian, or legal custodian at the hearing, the court shall state the facts upon which the continued custody is based. The court shall make the following findings of fact referencing any and all evidence relied upon to make its determinations: (1) Whether continuation in the home of the parent, guardian, or legal custodian is contrary to the child's welfare; and (2) Whether reasonable efforts have been made to safely maintain the child in the home of his or her parent, guardian, or legal custodian and to prevent or eliminate the need for removal. Such finding shall be made at the continued custody hearing if possible but in no case later than 60 days following the child's removal from the home.
15-11-415. (a) Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that the child committed the act of which he or she is accused, there is clear and convincing evidence that the child's freedom should be restrained, that no less restrictive alternatives will suffice, and:
(1) The child's detention or care is required to reduce the likelihood that the child may inflict serious bodily harm on others during the interim period; (2) The child's detention is necessary to secure the child's presence in court to protect the jurisdiction and processes of the court; or (3) An order for the child's detention has been made by the court. (b) A child shall not be detained: (1) To punish, treat, or rehabilitate the child;

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(2) To allow a parent, guardian, or legal custodian to avoid his or her legal responsibilities; (3) To satisfy demands by a victim, law enforcement, or the community; (4) To permit more convenient administrative access to the child; (5) To facilitate further interrogation or investigation; or (6) Due to a lack of a more appropriate facility. (c) Whenever a child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the child shall be favored over more intrusive alternatives. (d) Whenever the curtailment of a child's freedom is permitted, the exercise of authority shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of the child and his or her family; (2) Protection of the psychological and physical health of the child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of the child; (6) Avoidance of stigmatization of the child; and (7) Assurance that the child has been informed of his or her right to consult with an attorney and that, if the child is an indigent person, an attorney will be provided. (e) Before entering an order authorizing detention, the court shall determine whether continuation in the home is contrary to the child's welfare and whether there are available services that would prevent or eliminate the need for detention. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (f) If a child can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided.
15-11-416. (a) A child alleged or found to have committed a status offense may be held in a secure juvenile detention facility for more than 24 hours if:
(1) The child is alleged to have violated a valid court order; and (2) At the continued custody hearing, the court finds that there is probable cause to believe that the child violated the court order. (b) If there is probable cause to believe that the child violated a valid court order, the child may be held in a secure juvenile detention facility until a violation hearing is held but in no event shall a child's detention prior to a violation hearing exceed 72 hours, excluding weekends and legal holidays. (c) At a violation hearing, the court may order that the child be placed in a secure juvenile detention facility if the court:

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(1) Affirms that the requirements for a valid court order were met at the time the original order finding the child to have committed a status offense was issued; (2) Finds that the child was afforded due process rights; and (3) Received and reviewed a written report prepared by DFCS that described the behavior of the child and the circumstances under which the child was brought before the court and made subject to such order; determined the reasons for the child's behavior; and determined whether all dispositions other than secure confinement have been exhausted or are clearly inappropriate. (d) A child in need of services who is alleged or found to have violated a valid court order remains a child in need of services and shall not be considered a delinquent child by virtue of such conduct. (e) If a child is to be held in secure detention under the valid court order exception, the report prepared by DFCS in accordance with subsection (c) of this Code section shall be provided to DJJ as the detention agency.
Part 5
15-11-420. All proceedings seeking an adjudication that a child is in need of services shall be initiated by a petition filed by an attorney.
15-11-421. (a) If a child is not released from temporary custody at the continued custody hearing, a petition seeking an adjudication that a child is in need of services shall be filed within five days of the continued custody hearing. (b) If the child was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the petition seeking an adjudication that a child is in need of services shall be filed:
(1) Within 30 days of the juvenile court intake officer's determination that a mandatory conference would be inappropriate or futile; (2) Within 30 days of the child's release from temporary custody if the court determines that the mandatory conference would be inappropriate or futile; (3) Within 30 days of a court determination that continuing participation in the informal family services plan procedure would be inappropriate or futile; or (4) Within 30 days of the conclusion of the period governed by the informal family services plan agreement if the child and family have not achieved the goals set out in such agreement and there are reasonable grounds to believe that the child is still in need of services. (c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition seeking an adjudication that a child is in need of services in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension.

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(d) If no petition seeking an adjudication that a child is in need of services is filed within the required time frame, the complaint may be dismissed without prejudice.
15-11-422. (a) The petition seeking an adjudication that a child is in need of services shall be verified and may be on information and belief. It shall set forth plainly and with particularity:
(1) The facts which bring the child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought; (2) The name, date of birth, and residence address of the child on whose behalf such petition is being brought; (3) The name and residence address of the parent, guardian, or legal custodian of the child; or, if neither the child's parent nor the child's guardian nor the child's legal custodian resides or can be found within the state or if such place of residence address is unknown, the name of any known adult relative residing within the county or, if there is none, the known adult relative residing nearest to the location of the court; (4) The name, age, and residence address of any other family member living within the child's home; (5) Whether all available and appropriate attempts to encourage voluntary use of community services by the family have been exhausted; and (6) Whether any of the matters required by this subsection are unknown. (b) If a petition seeking an adjudication that a child is in need of services is based on a complaint filed by a school official, such petition shall be dismissed unless it includes information which shows that: (1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and (2) The school district has sought to engage the parent, guardian, or legal custodian in solving the problem but any such individual has been unwilling or unable to do so; that the problem remains; and that court intervention is needed. (c) If a petition seeking an adjudication that a child is in need of services is based on a complaint filed by a school official involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act, such petition shall be dismissed unless it includes information which demonstrates that the legally liable school district: (1) Has determined that the child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act; and (2) Has reviewed for appropriateness the child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate.

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15-11-423. (a) The court shall direct the issuance of a summons to the child, the child's parent, guardian, or legal custodian, DFCS and any other public agencies or institutions providing services, and any other persons who appear to the court to be proper or necessary parties to the child in need of services proceeding requiring them to appear before the court at the time fixed to answer the allegations of the petition seeking an adjudication that a child is in need of services. A copy of such petition shall accompany the summons. (b) The summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (c) A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing.
15-11-424. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 24 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with reasonable diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with reasonable diligence, service of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) Service of the summons may be made by any suitable person under the direction of the court. (e) The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing on the petition seeking an adjudication that a child is in need of services.
15-11-425. (a) In the event a parent, guardian, or legal custodian of the child willfully fails to appear personally at a hearing on the petition seeking an adjudication that a child is in need of services after being ordered to so appear or the parent, guardian, or legal custodian of the child willfully fails to bring the child to such hearing after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If the parent, guardian, or legal custodian fails to appear in response to an order to show cause, the court may issue a bench warrant directing that the parent, guardian, or

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legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. (c) In the event an agency representative willfully fails to appear at a mandatory conference or a hearing on the petition seeking an adjudication that a child is in need of services after being ordered to so appear, the court may direct the appropriate agency representative to appear before the court to show cause why a contempt order should not issue. (d) If a child 16 years of age or older fails to appear at a hearing on the petition seeking an adjudication that a child is in need of services after being ordered to so appear, the court may issue a bench warrant requiring that the child be brought before the court without delay and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31. (e) If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing on the petition seeking an adjudication that a child is in need of services after being ordered to so appear, the court may issue a bench warrant requiring that the child be brought before the court and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.
Part 6
15-11-440. The petitioner has the burden of proving the allegations of a child in need of services petition beyond a reasonable doubt.
15-11-441. (a) If a child is in continued custody but not in secure detention, the adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition seeking an adjudication that a child is in need of services. If the child is not in continued custody, the adjudication hearing shall be scheduled to be held no later than 60 days after the filing of such petition. (b) At the conclusion of the adjudication hearing, the court shall determine whether the child is a child in need of services.
15-11-442. (a) If the court finds the child is in need of services, a final disposition hearing shall be held and completed within 30 days of the conclusion of the adjudication hearing. (b) The court shall order the least restrictive and most appropriate disposition. Such disposition may include:
(1) Permitting the child to remain with the child's caregiver without limitations or conditions; (2) Permitting the child to remain with the child's caregiver subject to such limitations and conditions as the court may prescribe, including ordering the child, the

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family, or both to undergo physical examination or treatment, accept individual or family counseling, or submit to psychiatric examination or treatment or psychological examination or treatment as determined by the court; (3) Placing the child on probation on such terms and conditions as deemed in the best interests of the child and the public. An order granting probation to a child in need of services may be revoked on the ground that the terms and conditions of the probation have not been observed; (4) Requiring that the child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; (5) Requiring that the child make restitution. A restitution order may remain in force and effect simultaneously with another order of the court. Payment of funds shall be made by the child or the child's family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and such court shall disburse such funds in the manner authorized in the order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to:
(A) The juvenile court of the county of the child's residence and its probation staff, if the child changes his or her place of residence; or (B) A superior court once the child reaches 18 years of age if the child thereafter comes under the jurisdiction of the superior court; (6) Imposing a fine on a child who has committed an offense which, if committed by an adult, would be a violation under the criminal laws of this state or has violated an ordinance or bylaw of a county, city, town, or consolidated government. Such fine shall not exceed the fine which may be imposed against an adult for the same offense; (7) Requiring the child to attend structured after-school or evening programs or other court approved programs as well as requiring supervision of the child during the time of the day in which the child most often used to perform the acts complained of in the petition alleging that the child is in need of services; (8) Any order authorized for the disposition of a dependent child; (9) Assigning the child to the custody of a private or public institution or agency including committing the child to DJJ. A child shall not be placed in a secure detention facility designed and operated exclusively for delinquent children, nor shall such facility accept the child, unless the child has violated a valid court order; or (10) Any combination of the dispositions set forth in paragraphs (1) through (9) of this subsection as the court deems to be in the best interests of the child and the public. (c) The court may make orders relative to the support and maintenance of the child during the period after the child's eighteenth birthday as permitted by law. (d) All disposition orders shall include written findings as to the basis for the disposition and such conditions as the court imposes and a specific plan of the services to be provided.

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15-11-443. (a) An order of disposition shall be in effect for the shortest time necessary to accomplish the purposes of the order and for not more than two years. A written disposition order shall state the length of time the order is to be in effect. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of DFCS, DJJ, the prosecuting attorney, or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (b) The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished. (c) When a child reaches 18 years of age, all orders affecting him or her then in force shall terminate and he or she shall be discharged from further obligation or control.
15-11-444. (a) An order granting probation to a child found to be a child in need of services may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to the prosecuting attorney who may file a motion in court for revocation of probation. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) The motion shall be served upon the child, his or her attorney, and parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-424. (d) If a child is taken into custody because of the alleged violation of probation, the provisions governing the detention of a child under this article shall apply. (e) A revocation hearing shall be scheduled to be held no later than 30 days after the filing of a motion to revoke probation or, if the child has been detained as a result of the filing of the motion for revocation, in accordance with Code Section 15-11-416. (f) If the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation, the court may:
(1) Extend probation; (2) Impose additional conditions of probation; (3) Impose the secure probation sanctions program as defined in Code Section 15-11471; or (4) Make any disposition that could have been made at the time probation was imposed.

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15-11-445. The court shall review the disposition of a child in need of services at least once within three months after such disposition and at least every six months thereafter so long as the order of disposition is in effect.
Part 7
15-11-450. The periodic review hearing requirements under Article 3 of this chapter shall apply to proceedings involving a child alleged or found to be a child in need of services and placed in foster care.
15-11-451. (a) The permanency plan requirements under Article 3 of this chapter shall apply to proceedings involving a child alleged or found to be a child in need of services and placed in foster care. (b) In addition to those compelling reasons set forth in Code Section 15-11-233, a compelling reason for determining that filing a termination of parental rights petition is not in the best interests of a child in need of services may include, but shall not be limited to:
(1) The child needs continued out-of-home placement for an additional number of months and the parent, guardian, or legal custodian has cooperated with referrals, visitation, and family conferences as well as therapy; (2) The child is habitually truant and absconds from the home, the current placement setting has an on-site school with therapeutic intervention and restricted leave policies, and the child and parent are cooperative with services and referrals; or (3) The child is uncooperative with services or referrals.
Part 8
15-11-460. (a) After determining, in accordance with the provisions of Article 8 of this chapter, that a child who is alleged to be a child in need of services in a petition under this article or who has been alleged to have committed a delinquent act is unrestorably incompetent to proceed and the court makes a finding that the child is a child in need of services, the court shall appoint a plan manager, if one has not already been appointed, to direct the development of a comprehensive services plan for such child. (b) A comprehensive services plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend such meeting:
(1) The parent, guardian, or legal custodian of the child; (2) The child's attorney; (3) The prosecuting attorney;

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(4) The child's guardian ad litem, if any; (5) Mental health or mental retardation representatives; (6) The child's caseworker; (7) A representative from the child's school; and (8) Any family member of the child who has shown an interest and involvement in the child's well-being. (c) The plan manager may request that other relevant persons attend the comprehensive services plan meeting including but not limited to the following: (1) A representative from the Department of Public Health; (2) A DFCS caseworker; and (3) Representatives of the public and private resources to be utilized in the plan. (d) The plan manager shall be responsible for collecting all previous histories of the child, including, but not limited to, previous evaluations, assessments, and school records and for making such histories available for consideration by the persons at the comprehensive services plan meeting. (e) Unless a time extension is granted by the court, the plan manager shall submit the comprehensive services plan to the court within 30 days of the entry of the court's disposition order for a child found to be unrestorably incompetent to proceed under Article 8 of this chapter. The plan shall include the following: (1) An outline of the specific provisions for supervision of the child for protection of the community and the child; (2) An outline of a plan designed to provide treatment, habilitation, support, or supervision services in the least restrictive environment; (3) If the child's evaluation recommends treatment in a secure environment, certification by the plan manager that all other appropriate community based treatment options have been exhausted; and (4) Identification of all parties, including the child, agency representatives, and other persons responsible for each element of the plan. (f) The plan manager shall also be responsible for: (1) Convening a meeting of all parties and representatives of all agencies prior to the comprehensive services plan hearing and review hearings; (2) Identifying to the court any person who should provide testimony at the comprehensive services plan hearing; and (3) Monitoring the comprehensive services plan, presenting to the court amendments to the plan as needed, and presenting evidence to the court for the reapproval of the plan at subsequent review hearings.
15-11-461. (a) The court shall hold a comprehensive services plan hearing within 30 days after the comprehensive services plan has been submitted to the court for the purpose of approving the plan. Thereafter, the court shall hold a comprehensive services plan hearing every six months for the purpose of reviewing the child's condition and approving the comprehensive services plan.

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(b) The persons required to be notified of the comprehensive services plan hearing and witnesses identified by the plan manager shall be given at least ten days' prior notice of the hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's alleged delinquent act shall also be provided with the same ten days' prior notice and shall be afforded an opportunity to be heard and to present a victim impact form to the court at the comprehensive services plan hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child. (c) At the comprehensive services plan hearing, the court shall enter an order incorporating a comprehensive services plan as part of the disposition of the comprehensive services plan hearing. At the time of the disposition, the child shall be placed in an appropriate treatment setting, as recommended by the examiner, unless the child has already been placed in an appropriate treatment setting pursuant to subsection (g) of Code Section 15-11-656. (d) If, during the comprehensive services plan hearing or any subsequent review hearing, the court determines that the child meets criteria for civil commitment, the child may be committed to a secure treatment facility. (e) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the prosecuting attorney, or the plan manager may set a hearing for review of the comprehensive services plan and any proposed amendments to such plan. The court may issue an appropriate order incorporating an amended plan. (f) If a child is under a comprehensive services plan when he or she reaches the age of 18, the plan manager shall make a referral for appropriate adult services.
ARTICLE 7 Part 1
15-11-470. The purpose of this article is:
(1) Consistent with the protection of the public interest, to hold a child committing delinquent acts accountable for his or her actions, taking into account the child's age, education, mental and physical condition, background, and all other relevant factors but to mitigate the adult consequences of criminal behavior; (2) To accord due process of law to each child who is accused of having committed a delinquent act; (3) To provide for a child committing delinquent acts programs of supervision, care, and rehabilitation which ensure balanced attention to the protection of the community, the imposition of accountability, and the development of competencies to enable a child to become a responsible and productive member of the community;

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(4) To promote a continuum of services for a child and his or her family from prevention to aftercare, considering, whenever possible, prevention, diversion, and early intervention, including an emphasis on community based alternatives; (5) To provide effective sanctions to acts of juvenile delinquency; and (6) To strengthen families and to successfully reintegrate children into homes and communities.
15-11-471. As used in this article, the term:
(1) 'AIDS transmitting crime' means aggravated child molestation, aggravated sodomy, child molestation, incest, prostitution, rape, sodomy, solicitation of sodomy, statutory rape, or any offense involving a violation of Article 2 of Chapter 13 of Title 16 if such offense involves heroin, cocaine, derivatives of either, or any other controlled substance in Schedule I, II, III, IV, or V and that other substance is commonly intravenously injected, as determined by the regulations of the department. (2) 'Arraignment' means the formal act of calling the child into court, informing him or her of the allegations of the petition alleging delinquency, and the entry of a preliminary statement, if any, indicating whether the child shall admit or deny the allegations of such petition. (3) 'Behavioral health evaluation' means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to have committed or adjudicated of a delinquent act so as to provide the juvenile court with information and recommendations relevant to the behavioral health status and mental health treatment needs of the child. (4) 'Community rehabilitation center' means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of delinquent children and children in need of services in a neighborhood and family environment in cooperation with community educational, medical, and social agencies. Such center shall:
(A) Be located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and (B) Be operated by a nonprofit corporation organized under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and have a full-time chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chief judge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of juvenile justice, which approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws.

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(5) 'Determined to be infected with HIV' means having a confirmed positive human immunodeficiency virus ('HIV') test or having been clinically diagnosed as having AIDS. (6) '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; (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. (7) 'Hearing officer' means a DJJ employee or county juvenile probation office employee, as applicable, who has been selected and appointed by DJJ or the 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. (8) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, which test has been approved for such purposes by the regulations of the department. (9) 'Intensive supervision' means the monitoring of a child's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the commissioner of juvenile justice. (10) 'Preadjudication custody' begins when a juvenile court intake officer authorizes the placement of a child in a regional youth detention center. (11) 'Probation management program' means a special condition of probation that includes graduated sanctions. (12) 'Secure probation sanctions program' means secure confinement of seven, 14, or 30 days.
15-11-472. (a) A detention hearing shall be held promptly and no later than:
(1) Two business days after the child is placed in preadjudication custody if the child is taken into custody without an arrest warrant; or (2) Three business days after the child is placed in preadjudication custody if the child is taken into custody pursuant to an arrest warrant. (b) If a child is placed in preadjudication custody without an arrest warrant and the detention hearing cannot be held within 48 hours because the expiration of the 48 hours falls on a weekend or legal holiday, the court shall review the decision to detain a child and make a finding based on probable cause within 48 hours of the child being placed in preadjudication custody.

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(c) If a child is released from preadjudication custody at the detention hearing or was never taken into custody, the following time frames apply:
(1) Any petition alleging delinquency shall be filed within 30 days of the filing of the complaint or within 30 days of the child's release from preadjudication custody; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The arraignment hearing shall be scheduled no later than 30 days after the filing of the petition alleging delinquency; (4) The adjudication hearing shall be held no later than 60 days from the filing of the petition alleging delinquency; and (5) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (d) If a child is not released from preadjudication custody at the detention hearing, the following time frames apply: (1) The petition alleging delinquency shall be filed within 72 hours of the detention hearing; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The adjudication hearing shall be held no later than ten days after the filing of the petition alleging delinquency; and (4) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay.
15-11-473. (a) A prosecuting attorney shall conduct delinquency proceedings on behalf of the state. (b) Except as provided in Article 10 of this chapter, in any delinquency proceeding, the prosecuting attorney shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records. It shall be the duty of the clerk, probation officers of the juvenile court, and DJJ to assist the prosecuting attorney in obtaining any requested items.
15-11-474. (a) The child and the state shall be parties at all stages of delinquency proceedings. (b) The child's parent, guardian, or legal custodian shall have the right to notice, the right to be present in the courtroom, and the opportunity to be heard at all stages of delinquency proceedings. (c) DJJ shall receive notice of the disposition hearing.
15-11-475. (a) A child shall have the right to be represented by an attorney at all proceedings under this article. (b) A child's parent, guardian, or legal custodian shall not waive the child's right to be represented by an attorney. (c) A child may waive the right to an attorney only after consultation with an attorney.

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(d) Prior to the detention hearing, if any, the court shall appoint a qualified and competent attorney to represent the child unless an attorney has been retained and appears on behalf of the child. Nothing in this subsection shall prohibit a judge from releasing a child from detention prior to appointment of an attorney. (e) Upon a motion by an attorney for the child, together with written permission of the child, a judge shall issue an order providing that attorney with access to all dependency, school, hospital, physician, or other health or mental health care records relating to the child.
15-11-476. (a) The court shall appoint a separate guardian ad litem whenever:
(1) A child appears before the court without a parent, guardian, or legal custodian; (2) It appears to the court that the child's parent, guardian, or legal custodian is incapable or unwilling to make decisions in the best interests of the child with respect to proceedings under this article such that there may be a conflict of interest between the child and his or her parent, guardian, or legal custodian; or (3) The court finds that it is otherwise in the child's best interests to do so. (b) The role of a guardian ad litem in a delinquency proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (c) Neither the child's attorney nor the child's parent, guardian, or legal custodian shall prohibit or impede access to the child by the guardian ad litem.
15-11-477. (a) At any time prior to the issuance of a final dispositional order, the court may order a behavioral health evaluation of the child which may be conducted by DBHDD or a private psychologist or psychiatrist. (b) The court shall order and give consideration to the results of a child's behavioral health evaluation before ordering any final disposition confining such child in a secure detention facility; provided, however, that such order shall not be required if the court has considered the results of a prior behavioral health evaluation of the child that had been completed in the preceding six months. (c) Statements made by the child during a behavioral health evaluation shall only be admissible into evidence as provided in Code Section 15-11-479.
15-11-478. A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on the motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record.
15-11-479. Voluntary statements made in the course of intake screening of a child or in the course of treatment, any evaluation, or any other related services shall be inadmissible in any

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adjudication hearing in which the child is the accused and shall not be considered by the court except such statement shall be admissible as rebuttal or impeachment evidence.
15-11-480. (a) When a child enters a denial to the petition alleging delinquency, jeopardy attaches when the first witness is sworn at the adjudication hearing. (b) When a child enters an admission to the petition alleging delinquency, jeopardy attaches when the court accepts the admission.
15-11-481. (a) When a child is adjudicated delinquent and is placed in foster care, DJJ shall develop and complete the child's case plan. When the child is in DFCS custody, DJJ shall cooperate with DFCS in developing and completing the child's case plan. (b) In addition to the case plan requirements of Code Section 15-11-201, the case plan for a child in delinquency proceedings shall include:
(1) A description of the child's strengths and needs; (2) A description of specific parental strengths and needs; (3) A description of other personal, family, or environmental problems that contribute to the child's delinquent behaviors; (4) A description of the safety, physical, and mental health needs of the child; (5) Identification of the least restrictive placement to safeguard the child's best interests and protect the community; (6) An assessment of the availability of community resources to address the child's and family's needs; (7) An assessment of the availability of court diversion services; and (8) An assessment of the availability of other preventive measures.
15-11-482. (a) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent child's alleged delinquent act that the victim may submit a victim impact form as provided in Code Section 17-10-1.1 if:
(1) The allegedly delinquent child, in conduct which would constitute a felony if committed by an adult, caused physical, psychological, or economic injury to the victim; or (2) The allegedly delinquent child, in conduct which would constitute a misdemeanor if committed by an adult, caused serious physical injury or death to the victim. (b) The provisions of subsection (e) of Code Section 17-10-1.1 shall apply to the use and disclosure of the victim impact form. (c) The victim may complete the victim impact form and submit such form to the juvenile court. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact form on behalf of the victim.

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(d) Prior to the imposition of a dispositional order for an allegedly delinquent child, the juvenile court shall permit the victim to address the juvenile court and present any information or opinions that concern the victim or the victim's family, including the impact of the delinquent act on the victim, the harm caused by the allegedly delinquent child and the delinquent act, the need for restitution, or the terms of the disposition order. Such statement shall be given in the presence of the allegedly delinquent child and shall be subject to cross-examination. The prosecuting attorney and the allegedly delinquent child shall be afforded the opportunity to explain, support, or deny the victim's statement. It shall be the duty of the juvenile court to advise the victim of the right to address the court prior to the entry of a dispositional order for a delinquent child. The victim shall have the discretion to exercise the right to be present and be heard at the dispositional hearing. If the victim is voluntarily absent from the dispositional hearing, such absence shall constitute a waiver of the rights provided by this subsection. (e) Except as provided in subsection (d) of this Code section, no disposition of the child shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of the victim, the state, or the accused; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission.
Part 2
15-11-490. (a) A proceeding under this article may be commenced:
(1) In the county in which the child legally resides; or (2) In any county in which the alleged delinquent acts occurred. (b) If the adjudicating court finds that a nonresident child has committed a delinquent act, the adjudicating court may retain jurisdiction over the disposition of the nonresident child or may transfer the proceeding to the county of the child's residence for disposition. Like transfer may be made if the residence of the child changes pending the proceeding. (c) If the adjudicating court retains jurisdiction, prior to making any order for disposition of the nonresident child, the adjudicating court shall communicate to the court of the county of the child's residence the fact that the child has been found to have committed a delinquent act. Such communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition. (d) When any case is transferred, certified copies of all documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer

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order. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.
Part 3
15-11-500. If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering the child's health or welfare or those of others or that the child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take the child into immediate custody and bring the child forthwith before the court.
15-11-501. (a) A child may be taken into custody:
(1) Pursuant to an order of the court under this article, including an order to a DJJ employee to apprehend:
(A) A child who has escaped from an institution or facility operated by DJJ; or (B) A child who has been placed under supervision and who has violated its conditions; (2) Pursuant to the laws of arrest; or (3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has committed a delinquent act. (b) A law enforcement officer taking a child into custody shall promptly give notice together with a statement of the reasons for taking the child into custody to a parent, guardian, or legal custodian and to the court. (c) When a child who is taken into custody has committed an act which would constitute a felony if committed by an adult, the juvenile court, within 48 hours after it learns of the child having been taken into custody, shall notify the prosecuting attorney of the judicial circuit in which the juvenile proceedings are to be instituted.
15-11-502. (a) A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall:
(1) Immediately release the child, without bond, to the child's parent, guardian, or legal custodian upon such person's promise to bring the child before the court when requested by the court; (2) Immediately deliver the child to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking a child into custody, the juvenile court intake

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officer shall determine if the child should be released, remain in protective custody, or be brought before the court; or (3) Bring the child immediately before the juvenile court or promptly contact a juvenile court intake officer. The court or juvenile court intake officer shall determine if the child should be released or detained. All determinations and court orders regarding detention shall comply with the requirements of this article and shall be based on an individual assessment of the child and the child's circumstances. Such assessment shall include completion and review of a detention assessment instrument developed by the Governor's Office for Children and Families in consultation with DJJ and the Council of Juvenile Court Judges. (b) Notwithstanding subsection (a) of this Code section, a law enforcement officer may detain a child for a reasonable period of time sufficient to conduct interrogations and perform routine law enforcement procedures including, but not limited to, fingerprinting, photographing, and the preparation of any necessary records. (c) Prior to a detention hearing, a child shall be placed in detention, if necessary, only in such places as are authorized by Code Section 15-11-504.
15-11-503. (a) Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that the child committed the act of which he or she is accused, that there is clear and convincing evidence that the child's freedom should be restrained, that no less restrictive alternatives will suffice, and that:
(1) The child's detention or care is required to reduce the likelihood that the child may inflict serious bodily harm on others during the interim period; (2) The child has a demonstrated pattern of theft or destruction of property such that detention is required to protect the property of others; (3) The child's detention is necessary to secure the child's presence in court to protect the jurisdiction and processes of the court; or (4) An order for the child's detention has been made by the court. (b) All children who are detained shall be informed of their right to bail as provided by Code Section 15-11-507. (c) A child shall not be detained: (1) To punish, treat, or rehabilitate the child; (2) To allow a parent to avoid his or her legal responsibilities; (3) To satisfy demands by a victim, law enforcement, or the community; (4) To permit more convenient administrative access to the child; (5) To facilitate further interrogation or investigation; or (6) Due to a lack of a more appropriate facility. (d) Whenever a child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the child shall be favored over more intrusive alternatives. (e) Whenever the curtailment of a child's freedom is permitted, the exercise of authority shall reflect the following values:

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(1) Respect for the privacy, dignity, and individuality of the child and his or her family; (2) Protection of the psychological and physical health of the child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of the child; (6) Avoidance of stigmatization of the child; and (7) Assurance that the child has been informed of his or her right to consult with an attorney and that, if the child is an indigent person, an attorney will be provided. (f) Before entering an order authorizing detention, the court shall determine whether continuation in the home is contrary to the child's welfare and whether there are available services that would prevent or eliminate the need for detention. The court shall make that determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (g) If the child can remain in the custody of his or her parent, guardian, or legal custodian, through the provision of services to prevent the need for removal, the court shall order that such services shall be provided.
15-11-504. (a) A child alleged to be delinquent may be detained only in:
(1) A licensed foster home; (2) A home approved by the court which may be a public or private home; (3) The home of a noncustodial parent or of a relative; (4) A facility operated by a licensed child welfare agency; or (5) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court. (b) Placement shall be made in the least restrictive facility available consistent with the best interests of the child. (c) A child 15 years of age or older and alleged to be delinquent may be held in a jail or other facility for the detention of adults for identification or processing procedures or while awaiting transportation only as long as necessary to complete such activities for up to six hours, or for up to 24 hours in nonmetropolitan areas, if all of the following apply: (1) The child is detained for the commission of a crime that would constitute a designated felony or a serious violent felony as defined in Code Section 17-10-6.1; (2) The child is awaiting a detention hearing; (3) The child's detention hearing is scheduled within 24 hours after being taken into custody, excluding weekends and legal holidays; (4) There is no existing acceptable alternative placement for the child; and (5) The jail or other facility for the detention of adults provides sight and sound separation for juveniles which includes:

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(A) Total separation between juveniles and adult facility spatial areas such that there is no verbal, visual, or physical contact and there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) Total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping, and general living activities; (C) Continuous visual supervision of the child; and (D) Separate juvenile and adult staff, specifically direct care staff such as recreation, education, and counseling, although specialized services staff, such as cooks, bookkeepers, and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of juvenile and adults, can serve both. (d) A child shall not be transported with adults who have been charged with or convicted of a crime. DJJ may transport a child with children who have been charged with or convicted of a crime in superior court. (e) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court or the juvenile court intake officer immediately when a child, who appears to be under the age of 17 years, is received at such facility and shall deliver the child to the court upon request or transfer the child to the facility designated by the juvenile court intake officer or the court. (f) All facilities shall maintain data on each child detained and such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by DJJ, and by the Council of Juvenile Court Judges. The required data are: (1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense or offenses for which being detained; (6) Date of and authority for confinement; (7) Date of and authority for release or transfer; and (8) Where transferred or to whom released.
15-11-505. If a child is brought before the court or delivered to a detention or foster care facility designated by the court, the juvenile court intake officer shall immediately make an investigation and release the child unless it appears that the child's detention is warranted.

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15-11-506. (a) A detention hearing shall be held to determine whether preadjudication custody of a child is required. If such hearing is not held within the time specified, the child shall be released from detention or foster care. (b) If a child is detained and is not released from preadjudication custody, a detention hearing shall be held promptly and not later than:
(1) Two business days after the child is placed in preadjudication custody if the child is taken into custody without an arrest warrant; or (2) Three business days after the child is placed in preadjudication custody if the child is taken into custody pursuant to an arrest warrant. (c) If the detention hearing cannot be held within two business days, in accordance with paragraph (1) of subsection (b) of this Code section, because the date for the hearing falls on a weekend or legal holiday, the court shall review the decision to detain a child and make a finding based on probable cause within 48 hours of the child being placed in preadjudication custody. (d) Reasonable oral or written notice of the detention hearing, stating the time, place, and purpose of the hearing, shall be given to the child and to the child's parent, guardian, or legal custodian, if he or she can be found. In the event the child's parent, guardian, or legal custodian cannot be found, the court shall forthwith appoint a guardian ad litem for the child. (e) If the child alleged to be delinquent is not released from preadjudication custody and a parent, guardian, or legal custodian or guardian ad litem, if any, has not been notified of the hearing and did not appear or waive appearance at the hearing and thereafter files the affidavit showing such party was not notified of such hearing, the court shall rehear the matter without unnecessary delay and shall order the child's release unless it appears from the hearing that the child's detention or foster care is required. (f) At the commencement of the detention hearing, the court shall inform the child of: (1) The contents of the complaint or petition; (2) The nature of the proceedings; (3) The right to make an application for bail, as provided by Code Section 15-11-507 and Title 17; (4) The possible consequences or dispositions that may apply to the child's case following adjudication; and (5) Due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that the child may remain silent and that anything said may be used against the child; the right to confront anyone who testifies against the child and to cross-examine any persons who appear against the child; the right of the child to testify and to compel other witnesses to attend and testify in his or her own behalf; the right of the child to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (g) If the child can be returned to the custody of his or her parent, guardian, or legal custodian through the provision of services to eliminate the need for removal, the court

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shall release the child to the physical custody of the parent, guardian, or legal custodian and order that those services shall be provided. (h) If the child cannot be returned to the custody of the parent, guardian, or legal custodian, the court shall state the facts upon which the detention is based. The court shall make the following findings of fact referencing any and all evidence relied upon to make its determinations:
(1) Whether continuation in the home of the parent, guardian, or legal custodian is contrary to the child's welfare; and (2) Whether reasonable efforts have been made to safely maintain the child in the home of his or her parent, guardian, or legal custodian and to prevent the need for removal. Such finding shall be made at the detention hearing if possible but in no case later than 60 days following the child's removal from the home. (i) If the child cannot be returned to the custody of the parent, guardian, or legal custodian, the probation officer shall provide referrals for services as soon as possible to enable the child's parent, guardian, or legal custodian to obtain any assistance that may be needed to effectively provide the care and control necessary for the child to return home.
15-11-507. (a) All children alleged to be delinquent shall have the same right to bail as adults. (b) The judge shall admit to bail all children in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes, with the exception that applying for, holding a hearing on the application, and granting bail for children alleged to have committed a delinquent offense may only occur:
(1) At intake in accordance with Code Section 15-11-503; or (2) At the detention hearing in accordance with Code Section 15-11-506. (c) A court shall be authorized to release a child on bail if the court finds that the child: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (d) If the child is accused of committing an offense that would be a serious violent felony, as defined in Code Section 17-10-6.1, if committed by an adult and the child has previously been adjudicated delinquent for committing an act that would be a serious violent felony if committed by an adult, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the child as required or assure the safety of any other person or the community.

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(e) Any person having legal custody or an adult blood relative or stepparent shall be entitled to post bail but shall be required immediately to return the child to the individual or entity having legal custody of the child. (f) For the purposes of this Code section, the term 'bail' shall include the releasing of a person on such person's own recognizance.
15-11-508. (a) As used in this Code section, the term:
(1) 'Notice' shall have the same meaning as set forth in Code Section 17-17-3. (2) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3. (3) 'Violent delinquent act' means the commission, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:
(A) A serious violent felony as defined by Code Section 17-10-6.1; (B) A designated felony act; (C) Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title 16; or (D) Any attempt to commit, conspiracy to commit, or solicitation of another to commit an offense enumerated in subparagraphs (A) through (C) of this paragraph. (b) If a child accused of a violent delinquent act is detained pending adjudication, the juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention. (c) Not less than 48 hours prior to the release from detention of a child who has been adjudicated to have committed a violent delinquent act, the juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release. (d) Notification need not be given unless the victim has expressed a desire for such notification and has provided the juvenile court intake officer with a current address and telephone number. It shall be the duty of the juvenile court intake officer to advise the victim of his or her right to notification and of the requirement of the victim's providing a primary and personal telephone number to which such notification shall be directed.
Part 4
15-11-510. (a) If a child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment. (b) At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inform the child of:
(1) The contents of the complaint; (2) The nature of the proceedings;

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(3) The possible consequences or dispositions that may apply to the child's case following adjudication; and (4) Due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that the child may remain silent and that anything said may be used against the child; the right to confront anyone who testifies against the child and to cross-examine any persons who appear against the child; the right of the child to testify and to compel other witnesses to attend and testify in his or her own behalf; the right of the child to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (c) A juvenile court intake officer may elect to pursue a case through informal adjustment or other nonadjudicatory procedure in accordance with the provisions of Code Section 15-11-515. (d) If a case is to be prosecuted further and handled other than by informal adjustment or other nonadjudicatory procedure, a referral shall be made to the prosecuting attorney and a petition for delinquency shall be filed within 30 days of the filing of a complaint.
15-11-511. (a) At arraignment, the court shall inform the child of:
(1) The contents of the petition for delinquency; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to the child's case following adjudication; and (4) Due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that the child may remain silent and that anything said may be used against the child; the right to confront anyone who testifies against the child and to cross-examine any persons who appear against the child; the right of the child to testify and to compel other witnesses to attend and testify in his or her own behalf; the right of the child to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (b) If a child is represented by counsel at arraignment or if a child has waived the right to counsel after consultation with an attorney as to the wisdom of making an admission or denial at arraignment, the child may make a preliminary statement indicating whether he or she plans to admit or deny the allegations of the complaint at the adjudication hearing; otherwise, the court shall not accept an admission from a child at arraignment.
Part 5
15-11-515. (a) Before a petition for informal adjustment is filed, a probation officer or other officer designated by the court, subject to the court's direction, may inform the parties of informal adjustment if it appears that:
(1) The admitted facts bring the case within the jurisdiction of the court;

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(2) Counsel and advice without an adjudication would be in the best interests of the public and the child, taking into account at least the following factors:
(A) The nature of the alleged offense; (B) The age and individual circumstances of the child; (C) The child's prior record, if any; (D) Recommendations for informal adjustment made by the complainant or the victim; and (E) Services to meet the child's needs and problems may be unavailable within the formal court system or may be provided more effectively by alternative community programs; and (3) The child and the child's parent, guardian, or legal custodian consent with knowledge that consent is not obligatory. (b) The giving of counsel and advice shall not extend beyond three months unless extended by the court for an additional period not to exceed three months and shall not authorize the detention of the child if not otherwise permitted by this article. (c) An incriminating statement made by a participant to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding upon conviction for the purpose of a presentence investigation. (d) If a child is alleged to have committed a felony, the case shall not be subject to informal adjustment, counsel, or advice without the prior consent of the district attorney or his or her authorized representative.
Part 6
15-11-520. A petition alleging delinquency shall be filed only by the prosecuting attorney.
15-11-521. (a) If a child is in detention prior to adjudication, the petition alleging delinquency shall be filed not later than 72 hours after the detention hearing. If no petition alleging delinquency is filed within the applicable time, the child shall be released. (b) If the child is not in detention prior to adjudication, the petition alleging delinquency shall be filed within 30 days of the filing of the complaint alleging violation of a criminal law or within 30 days of the child's release pursuant to a determination that detention is not warranted.
15-11-522. (a) The petition alleging delinquency shall be verified and may be on information and belief. It shall set forth plainly and with particularity:
(1) The facts which bring the child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding

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be brought and that the child is in need of supervision, treatment, or rehabilitation, as the case may be; (2) The name, age, and residence address of the child on whose behalf such petition is brought; (3) The name and residence address of the parent, guardian, or legal custodian of the child; or, if neither the child's parent nor the child's guardian nor the child's legal custodian resides or can be found within the state or if such place of residence address is unknown, the name of any known adult relative residing within the county or, if there is none, the known adult relative residing nearest to the location of the court; (4) If the child is in custody and, if so, the place of his or her detention and the time the child was taken into custody; and (5) If the child is being charged with a designated felony act. (b) The petition alleging delinquency shall indicate if any of the matters required in this Code section are unknown.
15-11-523. (a) The prosecuting attorney may amend the petition alleging delinquency at any time prior to the commencement of the adjudication hearing. However, if an amendment is made, the child may request a continuance of the adjudication hearing. A continuance may be granted by the court for such period as required in the interest of justice. (b) When a petition alleging delinquency is amended to include material changes to the allegations or new charges of delinquency for adjudication, the petition shall be served in accordance with Code Sections 15-11-530 and 15-11-531. (c) After jeopardy attaches, a petition alleging delinquency shall not be amended to include new charges of delinquency.
Part 7
15-11-530. (a) The court shall direct the issuance of a summons to a child and the child's parent, guardian, or legal custodian requiring them to appear before the court at the time fixed to answer the allegations of the petition. A copy of the petition shall accompany the summons. (b) The summons shall state that a party shall be entitled to have an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person.
15-11-531. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 24 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with reasonable diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her

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a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If an individual to be served is outside this state but his or her address is known or can be ascertained with reasonable diligence, notice of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) Service of the summons may be made by any suitable person under the direction of the court. (e) The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-532. (a) In the event a parent, guardian, or other legal custodian of a child willfully fails to appear personally at a hearing after being ordered to so appear or the parent, guardian, or other legal custodian of the child willfully fails to bring the child to a hearing after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If the parent, guardian, or legal custodian fails to appear in response to an order to show cause, the court may issue a bench warrant directing that the parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31. (c) If a child 16 years of age or older fails to appear at a hearing after being ordered to so appear, the court may issue a bench warrant requiring that the child be brought before the court without delay and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31. (d) If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing after being ordered to so appear, the court may issue a bench warrant requiring that the child be brought before the court and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.
Part 8
15-11-540. A delinquency petition shall be dismissed by the court upon the motion of the prosecuting attorney setting forth that there is not sufficient evidence to warrant further proceedings.

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15-11-541. (a) Except as limited by subsection (d) of Code Section 15-11-542, in all cases in which a child is charged with having committed a delinquent act, the child shall, upon filing a motion for discovery with the court and serving a copy of the motion to the prosecuting attorney, have full access to the following for inspection, copying, or photographing:
(1) A copy of the complaint; (2) A copy of the petition for delinquency; (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge; (4) A copy of any written statement made by the child or any witness that relates to the testimony of a person whom the prosecuting attorney intends to call as a witness; (5) A copy of any written statement made by any alleged coparticipant which the prosecuting attorney intends to use at a hearing; (6) Transcriptions, recordings, and summaries of any oral statement of the child or of any witness, except attorney work product; (7) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (8) Photographs and any physical evidence which are intended to be introduced at the hearing; and (9) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge. (b) The prosecuting attorney shall disclose all evidence, known or that may become known to him or her, favorable to the child and material either to guilt or punishment. (c) If the child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of the child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the testimony of a person whom the child intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudication hearing, the discovery response shall be produced in a timely manner. (e) Any material or information furnished to the child pursuant to a discovery request shall remain in the exclusive custody of the child and shall only be used during the

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pendency of the case and shall be subject to such other terms and conditions as the court may provide.
15-11-542. (a) If a request for discovery is refused, application may be made to the court for a written order granting discovery. (b) Motions to compel discovery shall certify that a request for discovery was made and was refused. (c) An order granting discovery shall require reciprocal discovery. (d) The court may deny, in whole or in part, or otherwise limit or set conditions concerning discovery upon sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
(1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a child who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence.
15-11-543. (a) Upon written request by the prosecuting attorney stating the time, date, and place at which the alleged delinquent act was committed, the child shall serve upon the prosecuting attorney a written notice of the child's intention to offer a defense of alibi. (b) The notice shall state the specific place or places at which the child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom the child intends to rely to establish the child's alibi, unless previously supplied. (c) A request for alibi evidence shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudication hearing, the alibi evidence shall be produced in a timely manner. (d) If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense shall not be admissible; provided, however, that the prosecuting attorney or entity prosecuting the case may offer any other evidence regarding alibi. (e) The prosecuting attorney shall serve upon the child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the child's evidence of alibi, unless previously supplied.

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15-11-544. If, subsequent to providing a discovery response, the existence of additional evidence is found, it shall be promptly provided to the state or child making the discovery request.
15-11-545. Nothing contained in the provisions governing discovery procedure under this part shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication.
15-11-546. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with a discovery request, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances.
Part 9
15-11-560. (a) Except as provided in subsection (b) of this Code section, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which an adult may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. (b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(1) Murder; (2) Voluntary manslaughter; (3) Rape; (4) Aggravated sodomy; (5) Aggravated child molestation; (6) Aggravated sexual battery; or (7) Armed robbery if committed with a firearm. (c) The granting of bail or pretrial release of a child charged with an offense enumerated in subsection (b) of this Code section shall be governed by the provisions of Code Section 17-6-1. (d) At any time before indictment, the district attorney may, after investigation and for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subsection (b) of this Code section. Upon declining such prosecution in the superior court, the district attorney shall immediately cause a petition to be filed in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subsection shall

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be subject to the designated felony provisions of Code Section 15-11-602 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 1511-602. (e) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in paragraph (2), (4), (5), or (6) of subsection (b) of this Code section. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subsection shall be subject to the designated felony provisions of Code Section 15-11602 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-602. (f) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subsection (b) of this Code section and convicted of a lesser included offense not included in subsection (b) of this Code section to the juvenile court of the county of the child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (g) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has original jurisdiction as provided in subsection (b) of this Code section or adjudicated delinquent on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. A local school system to which the child is assigned may request further information from the court's file.
15-11-561. (a) After a petition alleging delinquency has been filed but before the adjudication hearing, on its own motion or on a motion by the prosecuting attorney, the court may convene a hearing to determine whether to transfer the offense to the appropriate superior court for criminal trial if the court determines that:
(1) There is probable cause to believe that the child committed the alleged offense; (2) The child is not committable to an institution for the developmentally disabled or mentally ill; and (3) The petition alleges that the child:
(A) Was at least 15 years of age at the time of the commission of the offense and committed an act which would be a felony if committed by an adult; or

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(B) Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to a victim. (b) At least three days prior to the scheduled transfer hearing, written notice shall be given to the child and the child's parent, guardian, or legal custodian. The notice shall contain a statement that the purpose of the hearing is to determine whether the child is to be tried in the juvenile court or transferred for trial as an adult in superior court. The child may request and the court shall grant a continuance to prepare for the transfer hearing. (c) After consideration of a probation report and any other evidence the court deems relevant, including any evidence offered by the child, the court may determine that because of the seriousness of the offense or the child's prior record, the welfare of the community requires that criminal proceedings against the child be instituted. (d) No child, either before or after reaching age 17 years of age shall be prosecuted in superior court for an offense committed before the child turned 17, unless the case has been transferred as provided in this part. In addition, no child shall be subject to criminal prosecution at any time for an offense arising out of a criminal transaction for which the juvenile court retained jurisdiction in its transfer order.
15-11-562. (a) The criteria which the court shall consider in determining whether to transfer the child to superior court includes, but shall not be limited to:
(1) The age of the child; (2) The seriousness of the alleged offense, especially if personal injury resulted; (3) Whether the protection of the community requires transfer of jurisdiction; (4) Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner; (5) The culpability of the child including the child's level of planning and participation in the alleged offense; (6) Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that the child may be beyond rehabilitation in the juvenile justice system; (7) The record and history of the child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements; (8) The sophistication and maturity of the child as determined by consideration of the child's home and environmental situation, emotional condition, and pattern of living; (9) The program and facilities available to the juvenile court in considering disposition; and (10) Whether or not the child can benefit from the treatment or rehabilitative programs available to the juvenile court. (b) The probation officer shall prepare a written report developing fully all available information relevant to the transfer criteria. The probation officer shall submit such report to the parties and the court as soon as practicable but not later than 24 hours

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before the scheduled hearing. The child and the prosecuting attorney shall have the right to review such report and cross-examine the individual making such report. (c) The court may order a transfer evaluation of the child's clinical status as it may impact the criteria in subsection (a) of this Code section. The transfer evaluation shall be completed by DBHDD or by a licensed psychologist or psychiatrist. If ordered to be performed by DBHDD, the transfer evaluation shall be completed by a DBHDD forensic evaluator. Statements made by the child in a transfer evaluation shall only be admissible into evidence in an adjudication hearing or in a criminal proceeding as provided by Code Sections 15-11-479 and 15-11-563.
15-11-563. Statements made by the child at the transfer hearing shall not be admissible against the child over objection in the criminal proceedings if transfer is ordered except as impeachment or rebuttal evidence.
15-11-564. (a) The decision of the court regarding transfer of the case shall only be an interlocutory judgment which either the child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals. (b) The pendency of an interlocutory appeal shall stay criminal proceedings in superior court. A child transferred for trial as an adult in superior court shall be detained only in those places authorized for the preadjudication detention of a child.
15-11-565. (a) Prior to the entry of a judgment ordering a child's transfer or during the pendency of an appeal of a judgment ordering a child's transfer, the child shall be detained only in those places authorized for the preadjudication detention of a child. (b) After the entry of a judgment ordering transfer, a child shall be detained only in those places authorized for the detention of a child until the child reaches 17 years of age.
15-11-566. (a) If the court decides to transfer the child for trial in superior court, it shall dismiss the juvenile court petition alleging delinquency, set forth the offense or offenses which are being transferred, and make the following findings of fact in its dismissal order:
(1) That the court had jurisdiction of the cause and the parties; (2) That the child was represented by an attorney; and (3) That the hearing was held in the presence of the child and the child's attorney. (b) The dismissal order shall also recount the reasons underlying the decision to transfer jurisdiction. (c) A dismissal of the petition alleging delinquency terminates the jurisdiction of the juvenile court over the child as to those offenses which are transferred. If the petition alleging delinquency alleges multiple offenses that constitute a single criminal

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transaction, the court shall either retain or transfer all offenses relating to a single criminal transaction. (d) Once juvenile court jurisdiction is terminated, the superior court shall retain jurisdiction even though, thereafter, the child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over the child. (e) A copy of the petition alleging delinquency and order of dismissal shall be sent to the district attorney of the judicial circuit in which the proceeding is taking place. (f) If the court decides not to transfer the child for trial in superior court, it shall set a date for an adjudication hearing in juvenile court on the petition alleging delinquency.
15-11-567. (a) Except in those cases in which the superior court has exclusive original jurisdiction or juvenile court jurisdiction has been terminated and the child has been transferred to superior court, if it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the accused is a child, the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testimony relating to the case. (b) The transferring court shall order that the child be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, legal custodian, or other person legally responsible for him or her to be brought before the juvenile court at a time designated by that court. The accusatory pleading may not serve in lieu of a petition alleging delinquency in the juvenile court.
Part 10
15-11-580. (a) At the commencement of the adjudication hearing, the court shall address the child, in language understandable to the child, and determine whether the child is capable of understanding statements about his or her rights under this chapter. (b) If a child is capable, the court shall inquire how the child responds to the allegations of the delinquency petition. The child may:
(1) Deny the allegations of such petition, in which case the court shall proceed to hear evidence on such petition; or (2) Admit the allegations of such petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudge the child to have committed a delinquent act. (c) If the child stands mute, refuses to answer, or answers evasively, the court shall enter a denial of the allegations.

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15-11-581. The state shall have the burden of proving the allegations of a delinquency petition beyond a reasonable doubt.
15-11-582. (a) The court shall fix a time for the adjudication hearing. If the child is in detention, the hearing shall be scheduled to be held no later than ten days after the filing of the delinquency petition. If the child is not in detention, the hearing shall be scheduled to be held no later than 60 days after the filing of such petition. (b) Adjudication hearings shall be conducted:
(1) By the court without a jury; (2) In accordance with Title 24 and Title 17; and (3) In language understandable to the child and participants, to the fullest extent practicable. (c) The court shall determine if the allegations of the petition alleging delinquency are admitted or denied in accordance with the provisions of Code Section 15-11-580. (d) After hearing all of the evidence, the court shall make and record its findings on whether the delinquent acts ascribed to the child were committed by the child. If the court finds that the allegations of delinquency have not been established, it shall dismiss the delinquency petition and order the child released from any detention or legal custody imposed in connection with the proceedings. (e) The court shall make a finding that the child has committed a delinquent act based on a valid admission made in open court of the allegations of the delinquency petition or on the basis of proof beyond a reasonable doubt. If the court finds that the child has committed a delinquent act, the court may proceed immediately or at a postponed hearing to make disposition of the case.
Part 11
15-11-590. (a) After an adjudication that the child has committed a delinquent act, the court may direct that a written predisposition investigation report be prepared by the probation officer or other person designated by the court. (b) The predisposition investigation report shall contain information about the child's characteristics, family, environment, and the circumstances affecting the child's behavior as may be helpful in determining the need for treatment or rehabilitation and a proper disposition of the case, including but not limited to:
(1) A summary of the facts with respect to the conduct of the child that led to the adjudication; (2) The sophistication and maturity of the child; (3) A summary of the child's home environment, family relationships, and background;

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(4) A summary of the child's prior contacts with the juvenile court and law enforcement agencies, including the disposition following each contact and the reasons therefor; (5) A summary of the child's educational status, including, but not limited to, the child's strengths, abilities, and special educational needs. The report shall identify appropriate educational and vocational goals for the child. Examples of appropriate goals include:
(A) Attainment of a high school diploma or its equivalent; (B) Successful completion of literacy courses; (C) Successful completion of vocational courses; (D) Successful attendance and completion of the child's current grade if enrolled in school; or (E) Enrollment in an apprenticeship or a similar program; (6) A summary of the results and recommendations of any significant physical and mental examinations; (7) The seriousness of the offense to the community; (8) The nature of the offense; and (9) Whether the offense was against persons or against property with greater weight being given to offenses against persons. (c) If the court has ordered a physical or mental examination to be conducted, the report shall include a copy of the results of the examination. (d) All information shall be presented in a concise and factual manner. The report shall indicate the sources of information in the report. (e) The original report and any other material to be disclosed shall be furnished to the court, and copies shall be furnished to the child's attorney and to the prosecuting attorney at least five days prior to the disposition hearing.
Part 12
15-11-600. (a) After a finding that a child has committed a delinquent act, the court shall conduct a hearing for the purpose of hearing evidence as to whether the child is in need of treatment, rehabilitation, or supervision and shall make and file its findings thereon. (b) The court may proceed immediately to the disposition hearing after the adjudication hearing or conduct the disposition hearing within 30 days of the adjudication hearing. The hearing may occur later than 30 days after the adjudication hearing only if the court makes and files written findings of fact explaining the need for delay. (c) In the absence of evidence to the contrary, evidence sufficient to warrant a finding that acts have been committed which constitute a felony shall also be sufficient to sustain a finding that the child is in need of treatment or rehabilitation.

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(d) If the court finds that the child is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge the child from any detention or other restriction previously ordered. (e) If the court finds that the child is in need of supervision but not of treatment or rehabilitation, it shall find that the child is a child in need of services and enter any disposition authorized by Code Section 15-11-442. (f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of the child and the most appropriate disposition.
(g)(1) Prior to the disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court. (2) Portions of such reports not relied on by the court in reaching its decision which, if revealed would be prejudicial to the interests of the child or any party to the proceeding, may be withheld in the court's discretion. Confidential sources of information need not be disclosed. (3) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports. (h) In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home.
15-11-601. (a) At the conclusion of the disposition hearing, if the child is determined to be in need of treatment or rehabilitation, the court shall enter the least restrictive disposition order appropriate in view of the seriousness of the delinquent act, the child's culpability as indicated by the circumstances of the particular case, the age of the child, the child's prior record, and the child's strengths and needs. The court may make any of the following orders of disposition, or combination of them, best suited to the child's treatment, rehabilitation, and welfare:
(1) Any order authorized for the disposition of a dependent child other than placement in the temporary custody of DFCS unless the child is also found to be a dependent child; (2) An order requiring the child and the child's parent, guardian, or legal custodian to participate in counseling or in counsel and advice. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies and shall be designed to assist in deterring future delinquent acts or other conduct or conditions which would be harmful to the child or society; (3) An order placing the child on probation under conditions and limitations the court prescribes and which may include the probation management program. The court may place a child on probation under the supervision of:

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(A) The probation officer of the court or the court of another state; (B) Any public agency authorized by law to receive and provide care for the child; or (C) Any community rehabilitation center if its chief executive officer has acknowledged in writing its willingness to accept the responsibility for the supervision of the child; (4) In any case in which a child who has not achieved a high school diploma or the equivalent is placed on probation, the court shall consider and may order as a condition of probation that the child pursue a course of study designed to lead to achieving a high school diploma or the equivalent; (5) An order requiring that the child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; (6) An order requiring that the child make restitution. Such order may remain in force and effect simultaneously with another order of the court, including, but not limited to an order of commitment to DJJ. However, no order of restitution shall be enforced while the child is in placement at a youth development center unless the commissioner of juvenile justice certifies that a restitution program is available at such center. Payment of funds shall be made by the child or the child's family or employer directly to the clerk of the juvenile court entering the order or to another employee of such court designated by the judge, and that court shall disburse such funds in the manner authorized in the order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to: (A) DJJ; (B) The juvenile court of the county of the child's residence and its probation staff, if the child changes his or her place of residence; or (C) The superior court once the child reaches 17 years of age if the child thereafter comes under the jurisdiction of such court; (7) An order requiring the child remit to the general fund of the county a sum not to exceed the maximum fine applicable to an adult for commission of any of the following offenses: (A) Any felony in the commission of which a motor vehicle is used; (B) Driving under the influence of alcohol or drugs; (C) Driving without proof of minimum required motor vehicle insurance; (D) Fraudulent or fictitious use of a driver's license; (E) Hit and run or leaving the scene of an accident; (F) Homicide by vehicle; (G) Manslaughter resulting from the operation of a motor vehicle; (H) Possession of controlled substances or marijuana; (I) Racing on highways or streets; (J) Using a motor vehicle in fleeing or attempting to elude an officer; or (K) Any violation of the provisions contained in Title 40 which is properly adjudicated as a delinquent act;

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(8) An order suspending the child's driver's license for a period not to exceed the date on which the child reaches 18 years of age or, in the case of a child who does not have a driver's license, an order prohibiting the issuance of a driver's license to the child for a period not to exceed the date on which the child reaches 18 years of age. The court shall retain the driver's license during such period of suspension and return it to the child at the end of such period. The court shall notify the Department of Driver Services of any actions taken pursuant to this paragraph; (9) An order placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority; or (10) An order committing the child to DJJ. (b)(1) This subsection shall apply to cases involving:
(A) An offense that would be a felony if committed by an adult; or (B) 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. (2) In addition to any other treatment or rehabilitation, the court may 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 DJJ or the juvenile court. (3) On and after July 1, 2013, the maximum number of days that the court may order a child to serve in a youth development center under this subsection shall be increased to 60 days. (c) A child ordered to a youth development center under subsection (b) of this Code section and detained after the adjudication hearing in a secure facility pending placement in a youth development center shall be given credit for time served in the secured facility awaiting placement. (d) Notwithstanding the provisions of subsections (a) and (b) of this Code section, if a child is found to have committed the offense of driving under the influence, the court may make an order of disposition which, for purposes of the child's rehabilitation, imposes the same penalty, period of confinement, and period of community service which are applicable to an adult convicted of violating Code Section 40-6-391. The child shall serve any period of confinement in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center. A previous finding that the child committed the offense of driving under the influence shall be deemed a previous conviction for purposes of this subsection. The court shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1. (e) The child shall be given adequate information concerning the obligations and conditions imposed upon him or her by the disposition ordered by the court and the consequences of failure to meet such obligations and conditions. Such information

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shall be given in terms understandable to the child to enable the child to conform his or her conduct to the requirements of the disposition.
15-11-602. (a) When a child is found to have committed a designated felony act, the order of disposition shall be made within 20 days of the conclusion of the disposition hearing. The court may make one of the following orders of disposition best suited to provide for the rehabilitation of the child and the protection of the community:
(1) Any order authorized by Code Section 15-11-601 if the court finds that restrictive custody is not required; or (2) An order placing the child in restrictive custody. (b) Every order shall include a finding, based on a preponderance of the evidence, of whether the child requires restrictive custody. In determining whether restrictive custody is required, the court shall consider and make specific written findings of fact as to each of the following factors: (1) The age and maturity of the child; (2) The needs and best interests of the child; (3) The record and background of the child including but not limited to information disclosed in the probation investigation, diagnostic assessment, school records, and dependency records; (4) The nature and circumstances of the offense, including whether any injury involved was inflicted by the child or another participant, the culpability of the child or another participant in planning and carrying out of the offense, and the existence of any aggravating or mitigating factors; (5) The need for protection of the community; and (6) The age and physical condition of the victim. (c) A restrictive custody order may provide that: (1) The child be placed in DJJ custody for an initial period of up to five years; (2) The child be confined in a youth development center for a period set by the order, not to be less than six months nor to exceed 60 months. All time spent in secure detention subsequent to the date of the disposition hearing and prior to placement in a youth development center shall be counted toward the period set by the order; (3) After a period of confinement set by the court, the child may be placed under intensive supervision not to exceed 12 months; and (4) If the child is confined in a youth development center, the child may not be released or transferred to a nonsecure facility unless by court order pursuant to Code Section 15-11-32. Such child may not be released from intensive supervision unless by court order and with the written approval of the commissioner of juvenile justice or a designated deputy. All home visits shall be carefully arranged and monitored while a child is confined in a youth development center. (d) During the child's placement order or any extension of the restrictive custody order: (1) While in a youth development center, the child shall be permitted to participate in all youth development center services and programs and shall be eligible to receive

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special medical and treatment services, regardless of the time of confinement in the youth development center. A child may be eligible to participate in programs sponsored by the youth development center including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center. In cooperation and coordination with the department, the child shall be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and DBHDD;
(2)(A) A child adjudicated to have committed a designated felony act shall not be discharged from restrictive custody prior to the period of time provided in the court's order unless a motion therefor is granted by the court. After a court order denying a motion to discharge a child from restrictive custody, a subsequent such motion shall not be filed until at least six months have elapsed. Notwithstanding Code Section 15-11-32, DJJ or any party may file a motion with the court seeking the child's release from restrictive custody, an order modifying the court's order requiring restrictive custody, or termination of an order of disposition for a child committed for a designated felony act. (B) All motions filed under this paragraph shall be accompanied by a written recommendation for release, modification, or termination from the child's DJJ counselor or placement supervisor, filed in the court that committed the child to DJJ, and served on the prosecuting attorney for such jurisdiction. (C) At least 14 days prior to the date of the hearing on the motion, the moving party shall serve a copy of the motion, by first-class mail, upon the victim of the designated felony act, if any, at the victim's last known address, the child's attorney, if any, the child's parents or guardian, and the law enforcement agency that investigated the designated felony act. In addition to the parties to the motion, the prosecuting attorney and the victim, if any, shall have a right to be heard and to present evidence to the court relative to any motion filed pursuant to this paragraph. (D) A court hearing a motion filed under this paragraph shall determine the disposition of the child based upon a preponderance of the evidence. In determining whether a motion for release from custody, modification of a restrictive custody order, or termination of an order of disposition should be granted or denied due to changed circumstances, the court shall be required to find that the child has been rehabilitated and shall consider and make specific findings of fact as to each of the following factors:
(i) The needs and best interests of the child; (ii) The record and background of the child, including the disciplinary history of the child during the period of restrictive custody and subsequent offense history; (iii) The academic progress of the child during the period of restrictive custody, including, if the child is receiving services under the federal Individuals with Disabilities Education Act, a review of the child's Individualized Education Program (IEP) and the child's progress toward IEP goals;

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(iv) The victim's impact statement submitted for purposes of a hearing conducted pursuant to this paragraph; (v) The safety risk to the community if the child is released; and (vi) The child's acknowledgment to the court and victim, if any, of his or her conduct being the cause of harm to others; and (3) Unless otherwise specified in the order, DJJ shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child. (e) The period of placement in a youth development center may be extended on motion by DJJ, after a disposition hearing, for two additional periods not to exceed 12 months each, provided that no placement or extension of custody may continue beyond the child's twenty-first birthday. (f) The court shall identify the school last attended by the child and the school which the child intends to attend and shall transmit a copy of the adjudication to the principals of both schools within 15 days of the adjudication. Such information shall be subject to notification, distribution, and requirements as provided in Code Section 20-2-671.
15-11-603. (a) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, order that the child submit to an HIV test within 45 days following the adjudication of delinquency. The court shall mail DJJ a copy of the order within three days following its issuance. (b) Within 30 days following receipt of the copy of the order, DJJ shall arrange for the HIV test for the child. (c) Any child placed in the custody and control of DJJ shall be HIV tested in accordance with DJJ's policies and procedures. (d) If a child is determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall only be reported to:
(1) DJJ or the Department of Corrections, as the case may be, and the Department of Public Health, which may disclose the name of the child if necessary to provide counseling and which shall provide counseling to each victim of the AIDS transmitting crime or to any parent, guardian, or legal custodian of any victim who is a minor or incompetent person, if DJJ or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim. Counseling shall include providing the person with information and explanations medically appropriate for such person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV;

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(2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of a child, a child determined to be an HIV infected person may be confined separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of juvenile justice reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted.
15-11-604. (a) A child found to have committed a delinquent act shall be given credit for each day spent in secure confinement awaiting adjudication and for each day spent in secure confinement, in connection with and resulting from a court order entered in the proceedings for which the disposition was imposed, and in any institution or facility for treatment or examination of a physical or mental disability. Such credit shall be applied toward the child's disposition. (b) Subsection (a) of this Code section shall apply to dispositions for all offenses, whether classified as violations, misdemeanors, or felonies.
15-11-605. (a) In addition to any other terms or conditions of probation provided for under this article, 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. (b) 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 15-11-32. (c)(1) DJJ in jurisdictions where DJJ 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) DJJ or the 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.

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(d) DJJ or the county juvenile probation office, as applicable, shall impose only those restrictions equal to or less restrictive than the maximum sanction established by the court. (e) The secure probation sanctions program shall be established by DJJ. 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 DJJ. 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, DJJ shall inform the various juvenile courts of its capacity constraints.
(f)(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. (g)(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. 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

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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.
15-11-606. An order of disposition or adjudication shall not be a conviction of a crime and shall not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment.
15-11-607. (a) Except as otherwise provided in Code Section 15-11-602, an order of disposition committing a child adjudicated delinquent to DJJ shall continue in force for two years or until the child is sooner discharged by DJJ. The court which made the order may extend its duration for a period not to exceed two years subject to like discharge, if:
(1) A hearing is held upon DJJ's motion prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or legal custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) Any other order of disposition except an order of restitution as allowed by paragraph (6) or (7) of subsection (a) of Code Section 15-11-601 shall continue in force for not more than two years. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of DJJ, the prosecuting attorney, or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c) The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished. (d) When a child reaches 21 years of age, all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.

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15-11-608. (a) An order granting probation to a child found to be delinquent may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to the prosecuting attorney who may file a motion in the court for revocation of probation. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) The motion for revocation of probation shall be served upon the child, his or her attorney, and his or her parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-531. (d) If a child is taken into custody because of an alleged violation of probation, the provisions governing the detention of a child shall apply. (e) A revocation hearing shall be scheduled to be held no later than 30 days after the filing of such motion or, if the child has been detained as a result of the filing of such motion for revocation, no later than ten days after the filing of the motion. (f) If the court finds, beyond a reasonable doubt, that the child violated the terms and conditions of probation, the court may:
(1) Extend probation; (2) Impose additional conditions of probation; (3) Make any disposition that could have been made at the time probation was imposed; or (4) Upon finding that graduated alternative sanctions have failed, order the child to serve up to a maximum of 60 days in a youth development center or, after assessment and with the court's approval, in a treatment program provided by DJJ or the juvenile court. (g) In the case of a designated felony, if the court finds that the child violated the terms and conditions of probation, the court shall reconsider and make specific findings of fact as to each of the factors in subsection (b) of Code Section 15-11-602 to determine whether restrictive custody is required. (h) In the case of a designated felony, if the court finds, beyond a reasonable doubt, that the child violated the terms and conditions of probation and that the order granting probation to the child shall be revoked, the child shall be given credit for time served on probation.
Part 13
15-11-620. (a) When a child is alleged to be both delinquent and dependent, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect or the date that is 60 days after the date on which the child is removed from his or her home, whichever is earlier. (b) If a child alleged or adjudicated to be delinquent is first placed in a noneligible placement but is later placed in foster care within 60 days of the child's removal from

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the home, then the date of entry into foster care shall be 60 days from the date of removal. (c) If a child is detained in a facility operated primarily for the detention of a child determined to be delinquent pending placement in foster care and remains detained for more than 60 days, then the date of entry into foster care shall be the date the child is placed in foster care.
15-11-621. The periodic review hearing requirements under Code Sections 15-11-216, 15-11-217, and 15-11-218 shall apply to proceedings involving a child alleged or adjudicated to be delinquent and placed in foster care.
15-11-622. (a) The permanency plan requirements under Code Sections 15-11-230, 15-11-231, and 15-11-232 shall apply to proceedings involving a child alleged or adjudicated to be delinquent and placed in foster care. (b) In addition to the compelling reasons set forth in Code Section 15-11-233 under Article 3 of this chapter, a compelling reason for determining that filing a termination of parental rights petition is not in the best interests of a child alleged or adjudicated to be delinquent may include but shall not be limited to:
(1) The child's developmental needs require continued out-of-home placement for an additional number of months, and the parent, guardian, or legal custodian has cooperated with referrals, visitation, and family conferences, as well as therapy; (2) The child is uncooperative with services or referrals; and (3) The length of the delinquency disposition affects the permanency plan.
Part 14
15-11-630. (a) A juvenile traffic offense consists of a violation by a child of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or (2) Any other motor vehicle traffic law or local ordinance if the child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge. (b) The following offenses shall be acts of delinquency and shall not be handled as juvenile traffic offenses: aggressive driving, reckless driving, a four-point speeding offense, homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a driver's license, hit and run or leaving the scene of an accident,

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driving under the influence of alcohol or drugs, and any offense committed by an unlicensed driver under 16 years of age. (c) A juvenile traffic offense shall not be an act of delinquency unless the case is transferred to the delinquency calendar. (d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-503 and 15-11-505 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, the court in the county where the alleged traffic offense occurred may retain jurisdiction over the entire case. (e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if his or her address is known, to the parent, guardian, or legal custodian. If the accusation made in the summons, notice to appear, or other designation of a citation is denied, a hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by their attorney. The hearing shall be open to the public. (f) If the court finds on the admission of the child or upon the evidence that the child committed the offense charged, it may make one or more of the following orders:
(1) Reprimand, counsel, or warn the child and the child's parent, guardian, or legal custodian; provided, however, that this disposition order shall not be available for any act of delinquency; (2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Driver Services to suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months; (3) Require the child to attend a traffic school approved by the Department of Driver Services or a substance abuse clinic or program approved by either DBHDD or the Council of Juvenile Court Judges for a reasonable period of time; (4) Assess a fine and order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense. The fine shall be subject to all additions and penalties as specified under this title and Title 47; (5) Require the child to participate in a program of community service as specified by the court; (6) Impose any sanction authorized by Code Section 15-11-442 or 15-11-601; or (7) Place the child on probation subject to the conditions and limitations imposed by Title 40 governing probation granted to adults for like offenses, but such probation shall be supervised by the court. (g) In lieu of the preceding orders, if the evidence warrants, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and delinquency petition.

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(h) Upon finding that the child has committed a juvenile traffic offense or an act of delinquency which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and the child's parent, guardian, or legal custodian have been reprimanded, counseled, or warned by the court. The Department of Driver Services shall record the adjudication and disposition of the offense on the child's permanent record, and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.
ARTICLE 8
15-11-650. The purpose of this article is to:
(1) Set forth procedures for a determination of whether a child is incompetent to proceed; and (2) Provide a mechanism for the development and implementation of competency remediation services, when appropriate, including treatment, habilitation, support, or supervision services.
15-11-651. As used in this article, the term:
(1) 'Competency remediation services' means outpatient interventions directed only at facilitating the attainment of competence to proceed for a child found to be incompetent to proceed. Such term may include mental health treatment to reduce interfering symptoms, specialized psychoeducational programming, or a combination of these interventions. (2) 'Comprehensive services plan' shall have the same meaning as set forth in Code Section 15-11-381. (3) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (4) 'Incompetent to proceed' means lacking sufficient present ability to understand the nature and object of the proceedings, to comprehend his or her own situation in relation to the proceedings, and to assist his or her attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings. The child's age or immaturity may be used as the basis for determining a child's competency. (5) 'Mental competency proceedings' means hearings conducted to determine whether a child is incompetent to proceed in adjudication, a disposition hearing, or a transfer proceeding.

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(6) 'Plan manager' shall have the same meaning as set forth in Code Section 15-11381. (7) 'Treatment facility' means a facility that receives patients for psychiatric treatment as provided in Code Sections 37-3-80 through 37-3-84 and shall not include a secure detention facility.
15-11-652. (a) If at any time after the filing of a petition alleging delinquency or that the child is a child in need of services the court has reason to believe that the child named in the petition may be incompetent to proceed, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the child's parent, guardian, or legal custodian, or the prosecuting attorney shall stay all proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to the child's incompetency, shall order a competency evaluation of and report on the child's mental condition. (b) When a delinquency petition is filed alleging a child under the age of 13 has committed a serious violent felony, as defined in Code Section 17-10-6.1, the court shall stay all delinquency proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to the child's incompetency, shall order a competency evaluation and report concerning the child's mental condition. (c) Any motion, notice of hearing, order, or other pleading relating to a child's incompetency to proceed shall be served upon the child, the child's attorney, the child's guardian ad litem, if any, the child's parent, guardian, or legal custodian and the prosecuting attorney. (d) Prior to the administration of any evaluation, the court shall appoint an attorney to represent a child if the child is not yet represented by an attorney. (e) All time limits set forth in Articles 6 and 7 of this chapter for adjudication and disposition of a delinquency or child in need of services proceeding shall be tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding and during provision of competency remediation services.
15-11-653. (a) The court ordered evaluation and report shall be conducted by an examiner who shall consider whether a child is incompetent to proceed. The court shall provide the examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency. The attorney for the child and the prosecuting attorney shall provide the examiner with any records from any other available sources that are deemed necessary for the competency evaluation. (b) The competency evaluation shall be performed on an outpatient basis; provided, however, that if the child is in an out of home placement, the evaluation shall be performed at the child's location. (c) An examiner who conducts the evaluation shall submit a written report to the court within 30 days from receipt of the court order for evaluation. The court may, in its

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discretion, grant the examiner an extension in filing such report. The report shall contain the following:
(1) The specific reason for the evaluation, as provided by the court or the party requesting the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis if any and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of the child's abilities and deficits in the following mental competency functions:
(A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to assist his or her attorney in the preparation and presentation of his or her case; (6) An opinion regarding the potential significance of the child's mental competency, strengths, and deficits; (7) An opinion regarding whether or not the child should be considered incompetent to proceed; and (8) A specific statement explaining the reasoning supporting the examiner's final determination. (d) If, in the opinion of the examiner, the child should be considered incompetent to proceed, the report shall also include the following: (1) An opinion as to whether the primary cause of incompetency to proceed is immaturity, mental illness, developmental disability, or combination of mental illness and developmental disability; (2) An opinion as to whether there is a substantial probability that the child will attain the mental competency necessary to participate in adjudication, a disposition hearing, or a transfer hearing in the foreseeable future; (3) If the examiner believes that the child will attain mental competency, recommendations for the general level and type of competency remediation services necessary for significant deficits; (4) A recommendation as to the appropriate treatment or services; (5) When appropriate, recommendations for modifications of court procedure which may help compensate for mental competency weaknesses; and (6) Any relevant medication history. (e) If the examiner determines that the child is currently competent because of ongoing treatment with medication or other services, the report shall address the necessity of continuing such treatment and shall include a description of any limitation such treatment may have on competency.

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(f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the prosecuting attorney or a member of his or her staff, and any guardian ad litem for the child no later than five days after receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional evaluations by other licensed psychologists or psychiatrists. In no event shall more than one evaluation be conducted by an examiner employed by DBHDD.
15-11-654. (a) If at any time following a finding that a child is incompetent to proceed, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence. (b) When any case is transferred, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court. (c) If the child's competency is remediated, jurisdiction of the case may be returned to the transferring court for the adjudication hearing and any subsequent proceedings.
15-11-655. (a) A hearing to determine if a child is incompetent to proceed shall be conducted within 60 days after the initial court order for evaluation. The hearing may be continued by the court for good cause shown. (b) Written notice shall be given to all parties and the victim at least ten days prior to such hearing. (c) The burden of proving that the child is incompetent to proceed shall be on the child. The standard of proof necessary for proving mental competency shall be a preponderance of the evidence. (d) At the hearing to determine incompetency to proceed, the child's attorney and the prosecuting attorney shall have the right to:
(1) Present evidence; (2) Call and examine witnesses; (3) Cross-examine witnesses; and (4) Present arguments. (e) The examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both the child's attorney and the prosecuting attorney. (f) The court's findings of fact shall be based on any evaluations of the child's mental condition conducted by licensed psychologists or psychiatrists appointed by the court, any evaluations of the child's mental condition conducted by independent licensed

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psychologists or psychiatrists hired by the parties, and any additional evidence presented. (g) If the court finds that the child is not incompetent to proceed, the proceedings which have been suspended shall be resumed. The time limits under Article 6 or 7 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child mentally competent. (h) Copies of the court's findings shall be given to the parties within ten days following the issuance of such findings.
15-11-656. (a) If the court finds that the child is incompetent to proceed but the child's incompetence may be remediated, the court may order competency remediation services for the child. (b) In determining whether to order competency remediation services, the court shall consider:
(1) Whether there is probable cause to believe the allegations in the petition are true; (2) The nature of the incompetency; (3) The child's age; and (4) The nature of the act alleged to have been committed by the child, in particular whether the act is a serious violent felony as such term is defined in Code Section 1710-6.1. (c) If a child is determined to be incompetent to proceed, the court has ordered that competency remediation services should be provided, and: (1) The child is alleged to have committed an act that would be a felony if committed by an adult, the court may retain jurisdiction of the child for up to two years after the date of the order of incompetency, with review hearings at least every six months to redetermine competency or proceed as provided in subsection (f) of this Code section; or (2) The child is alleged to be a child in need of services or to have committed an act that would be a misdemeanor if committed by an adult, the court may retain jurisdiction of the child for up to 120 days after the date of the order of incompetency or proceed as provided in subsection (f) of this Code section. (d) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and the mandated outpatient competency remediation services. If the child is in an out of home placement, the court shall specify the type of competency remediation services to be performed at the child's location. A child may be placed in a secure treatment facility or program, not to include DJJ facilities, if the court makes a finding by clear and convincing evidence that: (1) The child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37; and

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(2) All available less restrictive alternatives, including treatment in community residential facilities or community settings which would offer an opportunity for improvement of the child's condition, are inappropriate. (e) A child who is incompetent to proceed shall not be subject to transfer to superior court, adjudication, disposition, or modification of disposition so long as the mental incompetency exists. (f) If the court determines that a child is incompetent to proceed, the court may dismiss the petition without prejudice. (g) If a child is detained in a secure detention facility and the court determines that the child is incompetent to proceed, within five days of such determination the court shall issue an order to immediately release the child to the appropriate parent, guardian, or legal custodian.
15-11-657. (a) All competency remediation service orders issued by the court shall contain:
(1) The name of the competency remediation service program provider and the location of the program; (2) A statement of the arrangements for the child's transportation to the program site; (3) The length of the competency remediation service program; (4) A statement of the arrangements for the child's transportation after the program ends; and (5) A direction concerning the frequency of reports required by the court. (b) DBHDD or a licensed psychologist or psychiatrist shall file a written report with the court: (1) Not later than six months after the date the court orders that competency remediation be attempted but prior to the first review hearing; (2) Every six months after the first review hearing if the child remains incompetent to proceed and under an order for remediation; (3) At any time DBHDD or a licensed psychologist or psychiatrist opines the child has attained competency; or (4) At shorter intervals designated by the court in its competency remediation order. (c) DBHDD or the licensed psychologist or psychiatrist written report shall include, but shall not be limited to: (1) Whether the child's competency can be remediated or whether the child is likely to remain incompetent to proceed for the foreseeable future; (2) Whether additional time is needed to remediate the child's competency; and (3) If the child has attained competency, the effect, if any, of any limitations that are imposed by any medication or other treatment used in the effort to remediate competency.
15-11-658. (a) If the court initially finds that a child is unrestorably incompetent to proceed, the court shall dismiss the petition, appoint a plan manager, and order that procedures for a

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comprehensive services plan be initiated under Article 6 of this chapter. When appropriate, the court may:
(1) Order that the child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or child in need of services petition; or (2) Order that referral be made for appropriate adult services if the child has reached the age of 18 years at the time of the competency determination. (b) If at any time after the child is ordered to undergo competency remediation services DBHDD or a licensed psychologist or psychiatrist opines that the child is likely to remain incompetent to proceed for the foreseeable future, DBHDD or the licensed psychologist or psychiatrist shall submit a report to the court so stating. (c) Upon receipt of the report specified in subsection (b) of this Code section, the court shall make a competency determination and shall dismiss the delinquency petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 6 of this chapter. When appropriate, the court may: (1) Order that the child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or child in need of services petition; or (2) Order that referral be made for appropriate adult services if the child has reached the age of 18 years at the time of the competency determination.
15-11-659. If at any time after a child is found to be incompetent to proceed due to age, immaturity, or for any reason other than mental illness or developmental disability and is ordered to undergo competency remediation services and DBHDD determines that the child is likely to remain incompetent to proceed for the foreseeable future, DBHDD shall submit a report and its conclusions to the court. Upon receipt of such report, the court shall:
(1) Make a competency determination; (2) Order that the petition be dismissed; and (3) Order that a plan manager be appointed and that the procedures for a comprehensive services plan be initiated under Article 6 of this chapter.
15-11-660. (a) The court shall hold a hearing to review a child's progress toward competency:
(1) At least every six months; (2) At any time, on its own motion or on the motion of the prosecuting attorney, the child's attorney, or the child's guardian ad litem, if any; (3) On receipt of a report submitted by DBHDD; or (4) Not less than three months before the child's eighteenth birthday. (b) If at a review hearing the court finds that the child has attained competency, the suspended proceedings shall be resumed and the time limits as applicable under Article

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6 or 7 of this chapter shall begin to run from the date of the order finding the child mentally competent. (c) If at a review hearing held following the court's receipt of a DBHDD or licensed psychologist or psychiatrist's report the court finds that the child's incompetency has not been remediated but that the child has made substantial progress toward remediation, the court may extend the competency remediation program period for an additional 60 days if the court determines by clear and convincing evidence that further participation is likely to lead to remediation of competency. (d) If at a review hearing the court finds that the child's competency is not remediated and is not likely to be remediated within the time left before the child's eighteenth birthday, the court shall dismiss the petition with prejudice if the child is alleged to be a child in need of services or to have committed a delinquent act which would be a misdemeanor if committed by an adult. (e) At each review hearing, the court shall also consider whether the petition alleging delinquency or that a child is in need of services should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than the child's being incompetent to proceed. If the court dismisses the petition, the prosecuting attorney may seek to refile a petition alleging a delinquent act which would be a felony if committed by an adult if the child is later determined to be mentally competent. The prosecuting attorney may also seek transfer to superior court if the child is later determined to be mentally competent and otherwise meets all the requirements for transfer under Article 7 of this chapter.
ARTICLE 9
15-11-680. This article shall be known and may be cited as the 'Parental Notification Act.'
15-11-681. As used in this article, the term:
(1) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term 'abortion' shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as a result of a spontaneous abortion. The term 'abortion' also shall not include the prescription or use of contraceptives. (2) 'Proper identification' means any document issued by a governmental agency containing a description of the person, the person's photograph, or both, including, but not limited to, a driver's license, an identification card authorized under Code Sections 40-5-100 through 40-5-104 or similar identification card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by

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the United States Immigration and Customs Enforcement Division of the Department of Homeland Security. (3) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction.
15-11-682. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
(1)(A) The minor seeking an abortion shall be accompanied by a parent or guardian who shall show proper identification and state that the parent or guardian is the lawful parent or guardian of the minor and that the parent or guardian has been notified that an abortion is to be performed on the minor; (B) The physician or the physician's qualified agent gives at least 24 hours' actual notice, in person or by telephone, to a parent or guardian of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; or (C) The physician or a physician's qualified agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by registered or certified mail or statutory overnight delivery, return receipt requested with delivery confirmation, addressed to a parent or guardian at the usual place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified certifies in writing that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she certifies in writing that he or she does not wish to consult with the minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; and (2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor or the physician or a physician's qualified agent, as the case may be, elects not to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent or legal guardian of the minor cannot be located, the minor may petition, on the minor's own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this

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Code section. Venue shall be lawful in any county, notwithstanding Code Section 1511-30. (c) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section have been met or the minor has obtained a court order waiving such requirements.
15-11-683. Notwithstanding Code Sections 15-11-40, 15-11-150, 15-11-152, 15-11-160, 15-11281, 15-11-424, and 15-11-531, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding weekends and legal holidays. The parent, guardian, or legal custodian of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
15-11-684. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented. (b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed. (c) The requirement of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-682 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent or guardian; or (2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian pursuant to Code Section 15-11-682 would not be in the best interests of the minor. (d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity.

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(e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter. (f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
15-11-685. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.
15-11-686. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him or her, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-687. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-688. Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false information pursuant to this article shall be guilty of a misdemeanor.
ARTICLE 10
15-11-700. (a) As used in this Code section, the term 'dependency proceeding' means a court proceeding stemming from a petition alleging that a child is a dependent child. (b) The general public shall be admitted to:

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(1) An adjudicatory hearing involving an allegation of a designated felony; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of dependency; (3) Any child support hearing; (4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; (5) At the court's discretion, any dispositional hearing involving any proceeding under this article; or (6) Any hearing in a dependency proceeding, except as otherwise provided in subsection (c) of this Code section. (c) The court may close the hearing in a dependency proceeding only upon making a finding upon the record and issuing a signed order as to the reason or reasons for closing all or part of a hearing in such proceeding and stating that:
(A) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16; or (B) It is in the best interests of the child. In making such a determination, the court shall consider such factors as:
(i) The age of the child; (ii) The nature of the allegations; (iii) The effect that an open court proceeding will have on the court's ability to reunite and rehabilitate the family unit; and (iv) Whether the closure is necessary to protect the privacy of a child, of a foster parent or other caretaker of a child, or of a victim of domestic violence. (d) The court may close a hearing or exclude a person from a hearing in any proceeding on its own motion, by motion of a party to the proceeding, or by motion of a child who is the subject of the proceeding or the child's attorney or guardian ad litem. (e) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, the victim, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings from which the public is excluded; provided, however, that when the conduct alleged in the dependency proceeding could give rise to a criminal or delinquent prosecution, attorneys for the prosecution and the defense shall be admitted. (f) The court may refuse to admit a person to a hearing in any proceeding upon making a finding upon the record and issuing a signed order that the person's presence at the hearing would: (1) Be detrimental to the best interests of a child who is a party to the proceeding; (2) Impair the fact-finding process; or (3) Be otherwise contrary to the interest of justice. (g) The court may temporarily exclude any child from a termination of parental rights hearing except while allegations of his or her delinquency or unruly conduct are being heard.

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(h) Any request for installation and use of electronic recording, transmission, videotaping, or motion picture or still photography of any judicial proceeding shall be made to the court at least two days in advance of the hearing. The request shall be evaluated by the court pursuant to the standards set forth in Code Section 15-1-10.1. (i) The judge may order the media not to release identifying information concerning any child or family members or foster parent or other caretaker of a child involved in hearings open to the public. (j) The general public shall be excluded from proceedings in juvenile court unless such hearing has been specified as one in which the general public shall be admitted to pursuant to this Code section.
15-11-701. (a) Upon dismissal of a petition or complaint alleging delinquency or that a child is a child in need of services or completion of the process in a case handled through informal adjustment, mediation, or other nonadjudicatory procedure, the court shall order the sealing of the files and records in the case. (b) On application of a person who has been adjudicated delinquent or a child in need of services or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding if the court finds that:
(1) Two years have elapsed since the final discharge of the person; (2) Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent child or a child in need of services and no proceeding seeking conviction or adjudication is pending against the person; and (3) The person has been rehabilitated. (c) Reasonable notice of the hearing required by subsection (b) of this Code section shall be given to: (1) The district attorney; (2) DJJ, when appropriate; (3) The authority granting the discharge if the final discharge was from an institution or from parole; and (4) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-702 and 15-11-708 are included in the application or motion. (d) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or designated official and shall also be sent to the deputy director of the Georgia Crime Information Center. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and otherwise only by those persons named in the order or to

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criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes. (e) The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16.
15-11-702. (a)(1) Every child charged with an offense which would be a felony if committed by an adult, shall be fingerprinted and photographed upon being taken into custody. (2) Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court.
(b) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. (c) If a child has been charged with an offense that if committed by an adult would be a felony or if the case is transferred to another court for prosecution, the child's fingerprints, personal identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and shall be authorized to disseminate such data for the purposes specified in Code Section 15-11-708. (d) Upon application of a child, fingerprints and photographs of the child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either such petition is filed or the case is transferred to the juvenile court or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when fingerprints and photographs are destroyed, and the Georgia Bureau of Investigation shall treat such records in the same manner as expunged records pursuant to subsection (c) of Code Section 35-3-37. (e) Except as provided in subsection (a) of this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution. (f) Upon request, the judge or his or her designee shall release the name of any child with regard to whom a petition has been filed alleging the child committed a designated felony or alleging the child committed a delinquent act if the child has previously been adjudicated delinquent or if the child has previously been before the court on a delinquency charge and adjudication was withheld.

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15-11-703. Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or a child in need of services, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys and superior court judges and the accused and may be used in the same manner as adult records.
15-11-704. (a) Except as provided in subsection (b) of this Code section and Code Sections 15-11705 and 15-11-706, all files and records of the court in a proceeding under this chapter shall be open to inspection only upon order of the court. (b) The general public shall be allowed to inspect court files and records for any proceeding that was open to the public pursuant to paragraphs (1) through (5) of subsection (b) of Code Section 15-11-700. (c) The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. (d) The judge shall permit authorized representatives of DJJ, the Governor's Office for Children and Families, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on children and to make copies pursuant to the order of the court. (e) Except as otherwise provided in Code Sections 15-11-701 and 15-11-703, the complaint, petition, order of adjudication, and order of disposition in any delinquency case shall be disclosed upon request of the prosecuting attorney or the accused for use preliminarily to or in conjunction with a subsequent juvenile or criminal proceeding in a court of record.
15-11-705. (a) Notwithstanding other provisions of this article, the court records of proceedings under Article 6 of this chapter shall be withheld from public inspection but shall be open to inspection by the child, juvenile probation and parole officers, a parent, guardian, or legal custodian, the child's attorney, and others entrusted with the supervision of the child. Additional access to court records may be granted by court order. (b) It shall be unlawful for any person to disclose court records, or any part thereof, to persons other than those entitled to access under subsection (a) of this Code section, except by court order. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31.

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15-11-706. (a) When a decision is made to handle a case through informal adjustment, mediation, or other nonadjudicatory procedure, the juvenile court intake officer shall file with the court in the county in which the child legally resides all of the following information:
(1) The child's name, address, and date of birth; (2) The act or offense for which the child was apprehended; (3) The diversion decision made; (4) The nature of the child's compliance with an informal adjustment agreement; and (5) If an informal adjustment agreement is revoked, the fact of and reasons for the revocation. (b) Notwithstanding subsection (a) of Code Section 15-11-701, the court in the county in which the child resides shall keep a separate record for that child which shall be open to the court, the prosecuting attorney, or an officer designated by the court only for the purpose of deciding whether to handle a subsequent case through informal adjustment, mediation, or other nonadjudicatory procedure or for use in disposition of a subsequent proceeding. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31.
15-11-707. Within 30 days of any proceeding in which a child is adjudicated delinquent for a second or subsequent time or is found to have committed a designated felony act, the court shall provide written notice to the school superintendent of the school in which the child is enrolled or his or her designee or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or designated felony that the child committed.
15-11-708. (a) Law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. (b) Unless a charge of delinquency is transferred for criminal prosecution or the interest of national security requires or the case is one in which the general public may not be excluded from the hearings or the court otherwise orders in the best interests of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public. (c) Inspection of the records and files shall be permitted by:
(1) A juvenile court having the child before it in any proceeding; (2) The attorney for a party to the proceedings, with the consent of the court; (3) The officers of public institutions or agencies to whom the child is committed; (4) Law enforcement officers of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties; (5) A court in which the child is convicted of a criminal offense, for the purpose of a presentence report or other disposition proceeding;

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(6) Officials of penal institutions and other penal facilities to which the child is committed; or (7) A parole board in considering the child's parole or discharge or in exercising supervision over the child. (d) The court shall allow authorized representatives of DJJ, the Governor's Office for Children and Families, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. (e) Access to fingerprint records submitted to the Georgia Bureau of Investigation shall be limited to the administration of criminal justice purposes as defined in Code Section 15-11-2.
15-11-709. (a) Subject to the earlier sealing of certain records pursuant to Code Section 15-11-701, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section 50-18-92. (b) Thereafter, the court may destroy such records, except that the records of cases in which a court terminates the parental rights of a parent and the records of cases involving a petition for legitimation of a child shall be preserved permanently. (c) The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed and shall make social records consisting of records of investigation and treatment and other confidential information. (d) Identification data shall be maintained and shall be disseminated to criminal justice officials for official judicial enforcement or criminal justice purposes as provided in Code Section 35-3-33. (e) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indexes, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indexes in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indexes. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security shall be maintained.
15-11-710. (a) As used in this Code section, the term 'governmental entity' shall mean the court, superior court, the DJJ, DBHDD, DFACS, county departments of family and children services, or public school, as such term is defined in Code Section 16-11-35.

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(b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15, 15-11-40, 15-11-105, 15-11-170, 15-11264, 15-11-541, 15-11-542, 15-11-603, 15-11-708, 15-11-709, 15-11-744, 20-2-751.2, 20-14-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interests of the child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of the child in juvenile court or superior court or utilized to the detriment of the child. (c) Information released pursuant to this Code section shall not change or rescind the confidential nature of such information and such information shall not be subject to public disclosure or inspection unless otherwise provided by law.
ARTICLE 11
15-11-720. (a) Emancipation may occur by operation of law or pursuant to a petition filed with the court as provided in this article by a child who is at least 16 years of age. (b) An emancipation occurs by operation of law:
(1) When a child is validly married; (2) When a child reaches the age of 18 years; or (3) During the period when the child is on active duty with the armed forces of the United States. (c) An emancipation occurs by court order pursuant to a petition filed by a child with the juvenile court.
15-11-721. A child seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the child resides. The petition shall be signed and verified by the child, and shall include:
(1) The child's full name and birth date and the county and state where the child was born; (2) A certified copy of the child's birth certificate; (3) The name and last known address of the child's parent, guardian, or legal custodian and, if no parent, guardian, or legal custodian can be found, the name and address of the child's nearest living relative residing within this state; (4) The child's present address and length of residency at that address; (5) A declaration by the child demonstrating the ability to manage his or her financial affairs together with any information necessary to support the declaration;

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(6) A declaration by the child demonstrating the ability to manage his or her personal and social affairs together with any information necessary to support the declaration; and (7) The names of individuals who have personal knowledge of the child's circumstances and believe that under those circumstances emancipation is in the best interests of the child. Such individuals may include any of the following:
(A) A licensed physician or osteopath; (B) A registered professional nurse or licensed practical nurse; (C) A licensed psychologist; (D) A licensed professional counselor, social worker, or marriage and family therapist; (E) A school guidance counselor, school social worker, or school psychologist; (F) A school administrator, school principal, or school teacher; (G) A member of the clergy; (H) A law enforcement officer; or (I) An attorney.
15-11-722. (a) Upon filing the petition, a copy of the petition for emancipation and a summons to appear at the hearing shall be served on all persons named in the petition and upon any individual who provided an affidavit for the emancipation. (b) A person served with a petition may file an answer in the juvenile court in which the petition was filed within 30 days of being served.
15-11-723. (a) After a petition for emancipation is filed, the court may:
(1) Appoint a guardian ad litem to investigate the allegations of the petition and to file a report with the court, including a recommendation as to whether it is in the best interests of the child that the petition for emancipation be granted; (2) Appoint an attorney for the child; and (3) Appoint an attorney for the child's parent, guardian, or legal custodian if he or she is an indigent person and if he or she opposes the petition. (b) After a petition for emancipation is filed, the court shall seek an affidavit from each person identified in the petition pursuant to paragraph (7) of Code Section 15-11-721 which describes why that person believes the child should be emancipated.
15-11-724. A child who petitions the court for emancipation shall have the burden of showing that emancipation should be ordered by a preponderance of evidence.
15-11-725. (a) The court shall issue an emancipation order if, after a hearing, it determines that emancipation is in the best interests of the child and the child has established:

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(1) That the child's parent, guardian, or legal custodian does not object to the petition; or, if a parent, guardian, or legal custodian objects to the petition, that the best interests of the child are served by allowing the emancipation to occur by court order; (2) That the child is a resident of this state; (3) That the child has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. 'Other means of support' shall not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families as provided in Article 9 of Chapter 4 of Title 49 or similar programs under Title IV-A of the federal Social Security Act; (4) That the child has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and (5) That the child understands his or her rights and responsibilities under this article as an emancipated child. (b) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated child becomes 25 years of age. (c) An emancipation obtained by fraud is voidable. Voiding an emancipation order shall not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect. (d) The child or the child's parent, guardian, or legal custodian may appeal the court's grant or denial of an emancipation petition.
15-11-726. (a) A child emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order. (b) A copy of the petition for rescission and a summons shall be served on the child's parent, guardian, or legal custodian. (c) The court shall grant the petition and rescind the order of emancipation if it finds:
(1) That the child is an indigent person and has no means of support; (2) That the child and the child's parent, guardian, or legal custodian agree that the order should be rescinded; or (3) That there is a resumption of family relations inconsistent with the existing emancipation order. (d) If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the child becomes 25 years of age. (e) Rescission of an emancipation order shall not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect. (f) The child or a parent, guardian, or legal custodian of the child may appeal the court's grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals.

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15-11-727. (a) A child emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to the child because of his or her age. The rights of a child to receive any transfer of property or money pursuant to 'The Georgia Transfers to Minors Act' under Article 5 of Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform Gift to Minors Act, or other substantially similar act of another state; or pursuant to a trust agreement shall not be affected by a declaration of an emancipation under this article. (b) A child shall be considered emancipated for the purposes of, but not limited to:
(1) The right to enter into enforceable contracts, including apartment leases; (2) The right to sue or be sued in his or her own name; (3) The right to retain his or her own earnings; (4) The right to establish a separate domicile; (5) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including, but not limited to, property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem; (6) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of 18 regardless of their legal status; (7) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability; (8) The right to apply for a driver's license or other state licenses for which he or she might be eligible; (9) The right to register for school; (10) The right to apply for medical assistance programs and for other welfare assistance, if needed; (11) The right, if a parent, to make decisions and give authority in caring for his or her own minor child; and (12) The right to make a will. (c) The parent, guardian, or legal custodian of a child emancipated by court order shall not be liable for any debts incurred by the child during the period of emancipation.
15-11-728. (a) The duty to provide support for a child shall continue until an emancipation order is granted. (b) A child emancipated under this article shall not be considered a dependent child. (c) The provisions set forth in Code Section 19-3-2 regarding age limitations to contract for marriage shall apply to a child who has become emancipated under this article.

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ARTICLE 12
15-11-740. (a) This article shall be known and may be cited as the 'Georgia Child Advocate for the Protection of Children Act.' (b) In keeping with this article's purpose of assisting, protecting, and restoring the security of children whose well-being is threatened, it is the intent of the General Assembly that the mission of protection of the children of this state should have the greatest legislative and executive priority. Recognizing that the needs of children must be attended to in a timely manner and that more aggressive action should be taken to protect children from abuse and neglect, the General Assembly creates the Office of the Child Advocate for the Protection of Children to provide independent oversight of persons, organizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect, or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection of Children will provide children with an avenue through which to seek relief when their rights are violated by state officials and agents entrusted with their protection and care.
15-11-741. As used in this article, the term:
(1) 'Advocate' or 'child advocate' means the Child Advocate for the Protection of Children established under Code Section 15-11-742. (2) 'Agency' shall have the same meaning and application as provided for in paragraph (1) of subsection (a) of Code Section 50-14-1. (3) 'Child' or 'children' means an individual receiving protective services from DFCS, for whom DFCS has an open case file, or who has been, or whose siblings, parents, or other caretakers have been the subject of a report to DFCS within the previous five years.
15-11-742. (a) There is created the Office of the Child Advocate for the Protection of Children. The Governor, by executive order, shall create a nominating committee which shall consider nominees for the position of the advocate and shall make a recommendation to the Governor. Such person shall have knowledge of the child welfare system, the juvenile justice system, and the legal system and shall be qualified by training and experience to perform the duties of the office as set forth in this article. (b) The advocate shall be appointed by the Governor from a list of at least three names submitted by the nominating committee for a term of three years and until his or her successor is appointed and qualified and may be reappointed. The salary of the advocate shall not be less than $60,000.00 per year, shall be fixed by the Governor, and shall come from funds appropriated for the purposes of the advocate.

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(c) The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. (d) The advocate may appoint such staff as may be deemed necessary to effectively fulfill the purposes of this article, within the limitations of the funds available for the purposes of the advocate. The duties of the staff may include the duties and powers of the advocate if performed under the direction of the advocate. The advocate and his or her staff shall receive such reimbursement for travel and other expenses as is normally allowed to state employees from funds appropriated for the purposes of the advocate. (e) The advocate shall have the authority to contract with experts in fields including but not limited to medicine, psychology, education, child development, juvenile justice, mental health, and child welfare, as needed to support the work of the advocate, utilizing funds appropriated for the purposes of the advocate. (f) Notwithstanding any other provision of state law, the advocate shall act independently of any state official, department, or agency in the performance of his or her duties. (g) The advocate or his or her designee shall be an ex officio member of the State-wide Child Abuse Prevention Panel.
15-11-743. The advocate shall perform the following duties:
(1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children; (2) Refer complaints involving abused children to appropriate regulatory and law enforcement agencies; (3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties; (4) Report the death of any child to the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and to provide such subcommittee access to any records of the advocate relating to such child; (5) Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy; (6) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article including

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without limitation providing DFCS with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by DFCS, in DFCS offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting that office; and (7) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia.
15-11-744. (a) The advocate shall have the following rights and powers:
(1) To communicate privately, by mail or orally, with any child and with each child's parent, guardian, or legal custodian; (2) To have access to all records and files of DFCS concerning or relating to a child, and to have access, including the right to inspect, copy, and subpoena records held by clerks of the various courts, law enforcement agencies, service providers, including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatment within the state. To the extent any such information provides the names and addresses of individuals who are the subject of any confidential proceeding or statutory confidentiality provisions, such names and addresses or related information which has the effect of identifying such individuals shall not be released to the public without the consent of such individuals. The Office of the Child Advocate for the Protection of Children shall be bound by all confidentiality safeguards provided in Code Sections 49-5-40 and 49-5-44. Anyone wishing to obtain records held by the Office of the Child Advocate shall petition the original agency of record where such records exist; (3) To enter and inspect any and all institutions, facilities, and residences, public and private, where a child has been placed by a court or DFCS and is currently residing. Upon entering such a place, the advocate shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any children. After notifying the administrator or the person in charge of the facility, the advocate may communicate privately and confidentially with children in the facility, individually or in groups, or the advocate may inspect the physical plant. To the extent possible, entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of services to children; (4) To apply to the Governor to bring legal action in the nature of a writ of mandamus or application for injunction pursuant to Code Section 45-15-18 to require an agency to take or refrain from taking any action required or prohibited by law involving the protection of children;

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(5) To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies, independent authorities, private firms, individuals, and foundations for the purpose of carrying out the lawful responsibilities of the Office of the Child Advocate for the Protection of Children; (6) When less formal means of resolution do not achieve appropriate results, to pursue remedies provided by this article on behalf of children for the purpose of effectively carrying out the provisions of this article; and (7) To engage in programs of public education and legislative advocacy concerning the needs of children requiring the intervention, protection, and supervision of courts and state and county agencies. (b)(1) Upon issuance by the advocate of a subpoena in accordance with this article for law enforcement investigative records concerning an ongoing investigation, the subpoenaed party may move a court with appropriate jurisdiction to quash said subpoena. (2) The court shall order a hearing on the motion to quash within five days of the filing of the motion to quash, which hearing may be continued for good cause shown by any party or by the court on its own motion. Subject to any right to an open hearing in contempt proceedings, such hearing shall be closed to the extent necessary to prevent disclosure of the identity of a confidential source; disclosure of confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons; or disclosure of the existence of confidential surveillance, investigation, or grand jury materials or testimony in an ongoing criminal investigation or prosecution. Records, motions, and orders relating to a motion to quash shall be kept sealed by the court to the extent and for the time necessary to prevent public disclosure of such matters, materials, evidence, or testimony. (c) The court shall, at or before the time specified in the subpoena for compliance therewith, enter an order: (1) Enforcing the subpoena as issued; (2) Quashing or modifying the subpoena if it is unreasonable and oppressive; or (3) Conditioning enforcement of the subpoena on the advocate maintaining confidential any evidence, testimony, or other information obtained from law enforcement or prosecution sources pursuant to the subpoena until the time the criminal investigation and prosecution are concluded. Unless otherwise ordered by the court, an investigation or prosecution shall be deemed to be concluded when the information becomes subject to public inspection pursuant to Code Section 50-18-72. The court shall include in its order written findings of fact and conclusions of law.
15-11-745. (a) No person shall discriminate or retaliate in any manner against any child, parent, guardian, or legal custodian of a child, employee of a facility, agency, institution or other type of provider, or any other person because of the making of a complaint or providing of information in good faith to the advocate or willfully interfere with the advocate in the performance of his or her official duties.

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(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
15-11-746. The advocate shall be authorized to request an investigation by the Georgia Bureau of Investigation of any complaint of criminal misconduct involving a child.
15-11-747. (a) There is established a Child Advocate Advisory Committee. The advisory committee shall consist of:
(1) One representative of a not for profit children's agency appointed by the Governor; (2) One representative of a for profit children's agency appointed by the Lieutenant Governor; (3) One pediatrician appointed by the Speaker of the House of Representatives; (4) One social worker with experience and knowledge of child protective services who is not employed by the state appointed by the Governor; (5) One psychologist appointed by the Lieutenant Governor; (6) One attorney appointed by the Speaker of the House of Representatives from the Children and the Courts Committee of the State Bar of Georgia; and (7) One juvenile court judge appointed by the Chief Justice of the Supreme Court of Georgia. Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the same manner as the original appointment. (b) The advisory committee shall meet a minimum of three times a year with the advocate and his or her staff to review and assess the following: (1) Patterns of treatment and service for children; (2) Policy implications; and (3) Necessary systemic improvements. The advisory committee shall also provide for an annual evaluation of the effectiveness of the Office of the Child Advocate for the Protection of Children.
ARTICLE 13
15-11-760. (a) There is created the Georgia Juvenile Code Commission for the purpose of conducting periodic comprehensive reviews of this chapter. The Georgia Juvenile Code Commission shall be responsible for studying and collecting information and data relating to the efficacy of this chapter, current best practices in the field of juvenile law, and all matters relevant to maintaining an effective and efficient Juvenile Code that will promote public safety and serve the best interests of Georgia's children.

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(b) As used in this article, the term 'commission' means the Georgia Juvenile Code Commission.
15-11-761. (a) The commission shall be composed of 13 members, as follows:
(1) The Governor shall appoint five members as follows: (A) One member who shall be a judge in a superior court; (B) Two members who shall be judges in a juvenile court; (C) One member who shall be a Justice of the Supreme Court or a Judge of the Court of Appeals or the Justice's or Judge's designee; and (D) One other member;
(2) The Lieutenant Governor shall appoint one member who shall be a member of the Senate; (3) The Speaker of the House of Representatives shall appoint one member who shall be a member of the House of Representatives; (4) The commissioner of juvenile justice or his or her designee; (5) The commissioner of human services or his or her designee; (6) The commissioner of behavioral health and developmental disabilities or his or her designee; (7) The director of the Division of Family and Children Services within the Department of Human Services or his or her designee; (8) The director of the Georgia Public Defender Standards Council shall appoint one member who shall be a criminal defense attorney who routinely defends juvenile offenders; and (9) The chairperson of the Prosecuting Attorneys' Council of the State of Georgia shall appoint a prosecuting attorney who routinely prosecutes juvenile offenders. (b) Each member of the commission shall be appointed to serve for a term of four years or until his or her successor is duly appointed, except the members of the General Assembly, who shall serve until completion of their current terms of office. A member may be appointed to succeed himself or herself on the commission. If a member of the commission is an elected or appointed official, the member, or his or her designee, shall be removed from the commission if the member no longer serves as such elected or appointed official. (c) The Governor shall designate the chairperson of the commission. The commission may elect other officers as it deems necessary. The chairperson of the commission may designate and appoint committees from among the membership of the commission as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie. (d) The commission shall be attached for administrative purposes only to the Governor's Office for Children and Family Services. The Governor's Office for Children and Family Services shall provide staff support for the commission. The

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Governor's Office for Children and Family Services shall use any funds specifically appropriated to it to support the work of the commission.
15-11-762. (a) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this article. The commission shall hold meetings at the call of the chairperson. The commission shall meet not less than once every year. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the House of Representatives and the Senate.
15-11-763. (a) The commission shall have the following duties:
(1) To periodically, and at least every two years, review the conditions, needs, issues, and problems related to this chapter; issue a report on the same to the Executive Council of the Governor, the Governor's Office of Planning and Budget, and the chairpersons of the House Committee on Appropriations, the Senate Appropriations Committee, the House Committee on Judiciary, and the Senate Judiciary Committee; and recommend any action or proposed legislation which the commission deems necessary or appropriate. Nothing contained in the commission's report shall be considered to authorize or require a change in this chapter or any law affecting juveniles without action by the General Assembly; (2) To evaluate and consider the best practices, experiences, and results of legislation in other states with regard to children and families involved in the juvenile court or equivalent systems; and (3) To identify and recommend whether and when this chapter or any other state law should be modified to conform, whenever desirable, to federal legislation regarding juvenile law.

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(b) The commission shall have the following powers: (1) To evaluate how the laws and programs contained in this chapter are working; (2) To request and receive data from and review the records of appropriate agencies to the greatest extent allowed by state and federal law; (3) To accept public or private grants, devises, and bequests; (4) To authorize entering into contracts or agreements through the commission's chairperson necessary or incidental to the performance of its duties; (5) To establish rules and procedures for conducting the business of the commission; and (6) To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities.
(c) The commission shall be authorized to retain the services of attorneys, consultants, subject matter experts, economists, budget analysts, data analysts, statisticians, and other individuals or firms as determined appropriate by the commission.
15-11-764. This article shall be repealed effective June 30, 2024, unless continued in effect by the General Assembly prior to that date."
PART II CHILDREN AND YOUTH SERVICES
SECTION 2-1.
Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by adding two new Code sections to read as follows:
"49-5-24. (a) The department shall adopt a procedure by which a child or young adult as such terms are defined in Code Sections 15-11-2 and 15-11-351, respectively, formerly in foster care may appeal an eligibility determination or the failure of the Division of Family and Children Services of the department to provide aftercare or transitional support services, as set forth in Article 5 Chapter 11 of Title 15, or the termination of such services. (b) The appeal procedure developed by the department shall be readily available to a child or a young adult formerly in foster care, shall provide timely decisions, and shall provide for an administrative appeal and judicial review of the administrative decision.
49-5-25. The department shall develop outcome and other performance measures for the independent living skills program, as set forth in Article 5 Chapter 11 of Title 15, in order to maintain oversight of such program."

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PART III CROSS REFERENCES
SECTION 3-1.
Code Section 1-2-8 of the Official Code of Georgia Annotated, relating to rights of minors, is revised as follows:
"1-2-8. The law prescribes certain ages at which persons shall be considered of sufficient maturity to discharge certain civil functions, to make contracts, and to dispose of property. Prior to those ages they are minors and are, on account of that disability, unable to exercise these rights as citizens unless such minor becomes emancipated by operation of law or pursuant to Article 6 11 of Chapter 11 of Title 15."
SECTION 3-2. Code Section 5-7-1 of the Official Code of Georgia Annotated, relating to orders, decisions, or judgments appealable by the state, is amended by revising paragraph (6) of subsection (a) as follows:
"(6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 1511-567;"
SECTION 3-3. Code Section 13-3-20 of the Official Code of Georgia Annotated, relating to minors and contracts for property or valuable consideration and contracts for necessities, is revised as follows:
"13-3-20. (a) Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age of 18, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, the minor shall have thereby ratified or affirmed the contract and it shall be binding on him or her. Such contractual transaction shall also be binding upon any minor who becomes emancipated by operation of law or pursuant to Article 6 11 of Chapter 11 of Title 15. (b) The contract of a minor for necessaries shall be binding on the minor as if the minor were 18 years of age except that the party furnishing them to the minor shall prove that the parent or guardian of such minor had failed or refused to supply sufficient necessaries for the minor, that the minor was emancipated by operation of law, or the minor was emancipated pursuant to Article 6 11 of Chapter 11 of Title 15."
SECTION 3-4. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (e) of Code Section 15-23-7, relating to collection of additional legal

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costs in civil actions for purposes of providing court-connected or court-referred alternative dispute resolution programs, as follows:
"(e) Juvenile court supervision fees collected pursuant to Code Section 15-11-71 1511-37 may be used for mediation services provided by court programs pursuant to this chapter."
SECTION 3-5. Said title is further amended by revising Code Section 15-23-10, relating to the determination of need as prerequisite to establishment of program, as follows:
"15-23-10. No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chapter shall be available to any court, including the juvenile court, which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs. Pursuant to the standards set forth in the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolutions Programs, the funding mechanism set forth in this chapter shall be available to court programs in which cases are screened by the judge or by the program director under the supervision of the judge on a case-by-case basis to determine whether:
(1) The case is appropriate for the process; (2) The parties are able to compensate the neutral if compensation is required; and (3) A need for emergency relief makes referral inappropriate until the request for relief is heard by the court."
SECTION 3-6. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraphs (1) and (3) of subsection (a) of Code Section 16-5-45, relating to interference with custody, as follows:
"(1) 'Child' means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived dependent child or an unruly child a child in need of services as such terms are defined in Code Section 1511-2." "(3) 'Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-45 15-11-133, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction."
SECTION 3-7. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 16-10-52, relating to escape, as follows:

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"(3) Having been adjudicated of a delinquent or unruly act or a juvenile traffic offense, or as a child in need of services subject to lawful custody or lawful confinement, intentionally escapes from lawful custody or from any place of lawful confinement;"
SECTION 3-8. Said title is further amended by revising paragraph (3) of subsection (c) 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:
"(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor 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 7 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 minor were an adult."
SECTION 3-9. Said title is further amended by revising subsection (b) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"(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. (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 may be subject to the provisions of Code Section 15-11-63 15-11-601."
SECTION 3-10. Said title is further amended by revising subsection (d) of Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows:

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"(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 7 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 3-11. Said title is further amended by revising paragraph (3) of subsection (a) and subsections (b) and (c) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows:
"(3) 'Minor' means any individual who is under the age of 17 years who is alleged to have committed a delinquent act or any individual under the age of 18 years who is alleged to be a deprived child or an unruly child as such terms are defined in Code Section 15-11-2." "(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation dependancy of a minor or causing a child to be in need of services when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act; (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 a child in need of services as such term is defined in Code Section 15-11-2; provided, however, that this paragraph shall not apply to a service provider that notifies the minor's parent, guardian, or legal custodian of the minor's location and general state of well being well-being as soon as possible but not later than 72 hours after the minor's acceptance of services; provided, further, that such notification shall not be required if:
(A) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-75; (B) The minor will not disclose the name of the minor's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; or (C) The minor's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; (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 dependant child as such term is defined in Code Section 15-11-2; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses

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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; (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. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived dependent or a child in need of services."
SECTION 3-12. Said title is further amended by revising subsections (c), (e), and (g) of Code Section 1612-141.1, relating to disposal of aborted fetuses, as follows:
"(c) Within 90 days after May 10, 2005, the Department of Human Resources (now known as the Department of Public Health for these purposes) shall prepare a reporting form for physicians which shall include:
(1) The number of females whose parent or guardian was provided the notice required in paragraph (1) of subsection (a) of Code Section 15-11-112 15-11-682 by the physician or such physician's agent; of that number, the number of notices provided personally under subparagraphs (a)(1)(A) and (a)(1)(B) of Code Section 1511-112 15-11-682 and the number of notices provided by mail under subparagraph (a)(1)(C) of Code Section 15-11-112 15-11-682; and, of each of those numbers, the number of females who, to the best of the reporting physician's information and belief, went on to obtain the abortion; (2) The number of females upon whom the physician performed an abortion without providing to the parent or guardian of a minor the notice required by subsection (a) of Code Section 15-11-112 15-11-682; and of that number, the number of females for which subsection (b) of Code Section 15-11-112 15-11-682 and Code Section 15-11116 15-11-686 were applicable; (3) The number of abortions performed upon a female by the physician after receiving judicial authorization pursuant to subsection (b) of Code Section 15-11-112 15-11-682 and Code Section 15-11-114 15-11-684; and (4) The same information described in paragraphs (1), (2), and (3) of this subsection with respect to females for whom a guardian or conservator has been appointed." "(e) By February 28 of each year following a calendar year in any part of which this subsection was in effect, each physician who provided, or whose agent provided, the notice described in subsection (a) of Code Section 15-11-112 15-11-682 and any

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physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Public Health a copy of the form described in subsection (c) of this Code section with the requested data entered accurately and completely." "(g) By June 30 of each year, the Department of Public Health shall issue a public report providing statistics for the previous calendar year compiled from all the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (c) of this Code section. The report shall also include statistics which shall be obtained by the Administrative Office of the Courts giving the total number of petitions or motions filed under subsection (b) of Code Section 15-11-112 15-11-682 and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of such appeals that resulted in the denials being affirmed, and the number of such appeals that resulted in reversals of such denials. Each report shall also provide the statistics for all previous calendar years for which such a public statistical report was required to be issued, adjusted to reflect any additional information from late or corrected reports. The Department of Public Health shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual female or of any female for whom a guardian or conservator has been appointed."
SECTION 3-13. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-7-50.1, relating to time for presentment of child's case to a grand jury, as follows:
"(a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-28 15-11-560 or 15-11-30.2 15-11561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 180 day period, not to exceed 90 additional days."
SECTION 3-14. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 17-7-130, relating to proceedings upon a plea of mental incompetency to stand trial, as follows:
"(1) 'Child' means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-28 15-11-560."

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SECTION 3-15. Said title is further amended by revising subsection (e) of Code Section 17-10-1, relating to fixing of sentence, as follows:
"(e) In any case involving a felony in which the defendant previously appeared before a juvenile court, the records of the dispositions of the defendant as well as any evidence used in any juvenile court hearing shall be available to the district attorney, the defendant, and the superior court judge in determining sentencing as provided in Code Section 15-11-79.1 15-11-703."
SECTION 3-16. Said title is further amended by revising Code Section 17-10-14, relating to committal of person under 17 convicted of a felony, as follows:
"17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsections (b) and (c) subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Juvenile Justice to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections. (b) If a child is transferred to superior court according to subsection (b) of Code Section 15-11-30.2 15-11-561 and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such child to the Department of Corrections. Such child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections. (c) In any case where a child 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-28, such child shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections."
SECTION 3-17. Said title is further amended by revising paragraph (5) of Code Section 17-14-2, relating to definitions regarding restitution, as follows:
"(5) 'Parent' means a person who is the legal mother as defined in paragraph (10.2) of Code Section 15-11-2, the legal father as defined in paragraph (10.1) of Code Section 15-11-2, or the legal guardian. Such term shall not include a foster parent."

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SECTION 3-18. Said title is further amended by revising subsection (d) of Code Section 17-15-13, relating to debt to state created, as follows:
"(d) When a child is adjudicated delinquent in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the child pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in paragraph (2) of subsection (a) of Code Section 15-11-66 15-11-601."
SECTION 3-19. Said title is further amended by revising subsection (c) of Code Section 17-16-2, relating to applicability of rules of discovery, as follows:
"(c) This article shall be deemed to have been automatically invoked, without the written notice provided for in subsection (a) of this Code section, when a defendant has sought discovery pursuant to Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' pursuant to Code Section 15-11-75 Part 8 of Article 7 of Chapter 11 of Title 15, or pursuant to the Uniform Rules for the Juvenile Courts of Georgia where such discovery material is the same as the discovery material that may be provided under this article when a written notice is filed pursuant to subsection (a) of this Code section."
SECTION 3-20. Said title is further amended by revising subsection (d) of Code Section 19-7-22, relating to petition for legitimation of a child, as follows:
"(d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28 15-11-11, in the juvenile court of the county in which a deprivation dependency proceeding regarding the child is pending."
SECTION 3-21. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 19-8-10, relating to when surrender or termination of parental rights not required, as follows:
"(4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4), or (5) of subsection (b) (a) of Code Section 15-11-94 15-11-310,"
SECTION 3-22. Said title is further amended by revising subparagraph (a)(3)(D) of Code Section 19-8-11, relating to petitioning superior court to terminate parental rights, as follows:
"(D) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4), or (5) of subsection (b) (a) of Code Section 15-11-94 15-11-310,"

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SECTION 3-23. Said title is further amended by revising subsection (g) of Code Section 19-8-13, relating to petition for adoption, as follows:
"(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11-103 15-11-321, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits."
SECTION 3-24. Said title is further amended by revising Code Section 19-10A-4, relating to no criminal prosecution for leaving a child in the custody of a medical facility, as follows:
"19-10A-4. A mother shall not be prosecuted for the crimes of cruelty to a child, violating Code Section 16-5-70; contributing to the delinquency, unruliness, or deprivation of a child, Code Section 16-12-1; or abandonment of a dependent child, or Code Section 19-10-1, because of the act of leaving her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position, provided that the newborn child is no more than one week old and the mother shows proof of her identity, if available, to the person with whom the newborn is left and provides her name and address."
SECTION 3-25. Said title is further amended by revising Code Section 19-10A-6, relating to reimbursement of medical costs, as follows:
"19-10A-6. A medical facility which accepts for inpatient admission a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility shall notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The Department of Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 1511-47 15-11-145."

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SECTION 3-26. Said title is further amended by revising Code Section 19-13-20, relating to definitions regarding family violence shelters, as follows:
"(5) 'Family violence shelter' means a facility approved by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (a) of Code Section 15-11-48 15-11-504 and subsection (c) of Code Section 15-11-135."
SECTION 3-27. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraph (3) of Code Section 20-1A-30, relating to definitions for background checks, as follows:
"(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph."
SECTION 3-28. Said title is further amended by revising subsection (b) of Code Section 20-2-670, relating to requirements for transferring students beyond sixth grade, as follows:
"(b) In lieu of complying with the provision of subsection (a) of this Code section, a transferring student may be admitted on a conditional basis if he or she and his or her parent or legal guardian executes a document providing the name and address of the school last attended and authorizing the release of all academic and disciplinary records to the school administration. The parent or guardian shall be notified of the transfer of such records and shall, upon written request made within ten days of such notice, be entitled to receive a copy of such records. Within five days of the receipt of a copy of such records, the parent or guardian may make a written request for and shall be entitled to a hearing before the principal of the school or his or her designee which is the custodian of such records for the purpose of challenging the content of the records. The student or his or her parent or legal guardian shall also disclose on the same document as the release whether the child has ever been adjudicated guilty of the commission of a designated felony act as defined in Code Section 15-11-63 15-11-2 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed. Any form document to authorize the release of records which is provided by a school to a transferring student or such student's parent or legal guardian shall include a list of designated felony acts. The student or his or her parent or legal guardian shall also disclose on the document whether the student is currently serving a suspension or expulsion from another school,

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the reason for such discipline, and the term of such discipline. If a student so conditionally admitted is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible, he or she shall be dismissed from enrollment until such time as he or she becomes so eligible."
SECTION 3-29. Said title is further amended by revising Code Section 20-2-671, relating to transfer students who have committed felony acts, as follows:
"20-2-671. If any school administrator determines from the information obtained pursuant to Code Section 15-11-63 15-11-602 or 20-2-670 or from any other source that a student has committed a designated felony act, such administrator shall so inform all teachers to whom the student is assigned that they may review the information in the student's file provided pursuant to subsection (b) of Code Section 20-2-670 received from other schools or from the juvenile courts. Such information shall be kept confidential."
SECTION 3-30. Said title is further amended by revising paragraph (14) of subsection (c) and subsection (g) of Code Section 20-2-690.2, relating to establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows:
"(14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10 15-11-38, if such a program has been established." "(g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for unruly children in need of services and possible denial or suspension of a driver's license for a child in accordance with Code Section 40-5-22."
SECTION 3-31. Said title is further amended by revising Code Section 20-2-699, relating to the disposition of children taken into custody, as follows:
"20-2-699. Any person assuming temporary custody of a child pursuant to Code Section 20-2-698 shall immediately deliver the child either to the parent, guardian, or other person having control or charge of the child or to the school from which the child is absent, or if the child is found to have been adjudged a delinquent or unruly in need of services, he the person shall cause the child to be brought before the probation officer of the county having jurisdiction over such child."

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SECTION 3-32. Said title is further amended by revising subsection (d) of Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, as follows:
"(d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 15-11-599, 15-11-602, or 15-11-707 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63 15-11-2, such administrator shall so inform all teachers to whom the student is assigned and other school personnel to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 3-33. Said title is further amended by revising Code Section 20-2-766.1, relating to proceeding against parents for failure to cooperate in educational programs, as follows:
"20-2-766.1. The local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. If the court finds that the parent or guardian has willfully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-5 15-11-31 to enforce any order entered under this Code section."
SECTION 3-34. Said title is further amended by revising subsection (a) of Code Section 20-2-768, relating to expulsion or suspension of students for felonies, as follows:
"(a) Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or having information filed for the commission of any felony or any delinquent act under Code Section 15-11-28 Sections 15-11-602 and 15-11-707 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or the student's parent or legal guardian has the right to request a hearing pursuant to the procedures provided for in Code Section 20-2754."

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SECTION 3-35. Said title is further amended by revising subparagraph (B) of paragraph (1) of Code Section 20-3-660, relating to program of grants for foster children created, as follows:
"(B) The student is currently committed to the Division of Family and Children Services within the Department of Human Services under Code Section 15-11-55 15-11-212 and placed in a family foster home or is placed in accordance with subparagraph (a)(2)(C) of Code Section 15-11-2 15-11-212;"
SECTION 3-36. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by revising subsection (b) of Code Section 24-6-603, relating to oath or affirmation, as follows:
"(b) Notwithstanding the provisions of subsection (a) of this Code section, in all proceedings involving deprivation dependency as defined by Code Section 15-11-2 and in all criminal proceedings in which a child was a victim of or witness to any crime, the child shall be competent to testify, and the child's credibility shall be determined as provided in this chapter."
SECTION 3-37. Said title is further amended by revising subsection (q) of Code Section 24-12-21, relating to disclosure of AIDS confidential information, as follows:
"(q) A public safety agency or prosecuting attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-1166.1 15-11-603, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record."
SECTION 3-38. Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to HIV tests and reports of positive results, is amended by revising subsection (c) as follows:
"(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-66.1 1511-603, 17-10-15, 31-17-4.2, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the

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person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample."
SECTION 3-39. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising subsection (c) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center, as follows:
"(c) The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-82 15-11-702 and 15-11-83 15-11-708. Such records and information shall be sealed or destroyed according to the procedures outlined in Code Sections 15-11-79.2 15-11-701 and 1511-81 15-11-709."
SECTION 3-40. Said title is further amended by revising subparagraph (B) of paragraph (7) of Code Section 35-8-2, relating to definitions regarding peace officers, as follows:
"(B) The Office of Permits and Enforcement of the Department of Transportation, the Department of Juvenile Justice and its institutions and facilities for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department or institutions, and the office or section in the Department of Juvenile Justice in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children and any child with a pending juvenile court case alleging the child to be in need of services; and"
SECTION 3-41. Code Section 36-32-10 of the Official Code of Georgia Annotated, relating to jurisdiction in cases of furnishing alcoholic beverages, is amended by revising subsection (e) as follows:
"(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-28 15-11-10."
SECTION 3-42. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (g) of Code Section 40-5-75, relating to suspension of licenses by operation of law, as follows:
"(g) Notwithstanding the provisions of Code Section 15-11-72 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section."

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SECTION 3-43. Said title is further amended by revising subsection (l) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, as follows:
"(l) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
SECTION 3-44. Code Section 44-5-41 of the Official Code of Georgia Annotated, relating to voidance and ratification of conveyance to or by a minor, is revised as follows:
"44-5-41. A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable unless such minor has become emancipated by operation of law or pursuant to Article 6 11 of Chapter 11 of Title 15. If a minor has conveyed property or an interest in property, the minor may void the conveyance upon arrival at the age of 18; and, if the minor makes another conveyance at that time, it will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to a minor and, after arrival at the age of 18, the minor retains the possession or benefit of the property or interest in property, the minor shall have thereby ratified or affirmed the conveyance."
SECTION 3-45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising paragraph (7) of Code Section 45-9-81, relating to definitions regarding certain indemnification, as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children and any child with a pending juvenile court case alleging the child to be in need of

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services who have has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
SECTION 3-46. Said title is further amended by revising paragraph (7) of Code Section 45-9-101, relating to definitions regarding certain compensation, as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children and any child with a pending juvenile court case alleging the child to be in need of services who have has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have has broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
SECTION 3-47. Said title is further amended by revising subsection (a) of Code Section 45-20-1, relating to purposes and principles of personnel administration, as follows:
"(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will remove unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service of the State Personnel Administration, except as provided in Code Section 15-11-24.3 15-11-68. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be employees in the classified service so long as they remain in classified positions or as otherwise provided by law. It is further

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specifically the intent of the General Assembly that state government operate within a framework of consistent core personnel policies and practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices."
SECTION 3-48. Said title is further amended by revising subsection (a) of Code Section 45-20-6, relating to composition of classified and unclassified service, as follows:
"(a) The classified service as defined by Code Section 45-20-2 shall consist of only those employees who were in the classified service on June 30, 1996, and who have remained in a classified position without a break in service since that date. Any officer or employee who occupies a classified position under the State Personnel Administration prior to July 1, 1996, or as provided in Code Section 15-11-24.3 15-1168 shall remain in the classified service so long as such officer or employee shall remain in a classified position or as otherwise provided by law. Employees in the classified service shall have, upon completing a working test period, appeal rights as provided in Code Sections 45-20-8 and 45-20-9."
SECTION 3-49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (3) of Code Section 49-4A-1, relating to definitions regarding the Department of Juvenile Justice, as follows:
"(3) 'Delinquent or unruly child or youth or a child in need of services' means any person so adjudged under Article 1 6 or 7 of Chapter 11 of Title 15."
SECTION 3-50. Said title is further amended by revising subsection (b) of Code Section 49-4A-2, relating to the creation of the Board of Juvenile Justice, as follows:
"(b) The board shall provide leadership in developing programs to successfully rehabilitate juvenile delinquents and unruly children adjudicated delinquent or in need of services committed to the state's custody and to provide technical assistance to private and public entities for prevention programs for children at risk."
SECTION 3-51. Said title is further amended by revising Code Section 49-4A-4, relating to purpose of chapter, as follows:
"49-4A-4. It is the purpose of this chapter to establish the department as the agency to administer, supervise, and manage juvenile detention facilities. Except for the purposes of administration, supervision, and management as provided in this chapter, juvenile detention facilities shall continue to be detention care facilities for delinquent and unruly children and youth and children in need of services who have violated a valid

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court order for the purposes of Article 1 6 or 7 of Chapter 11 of Title 15, relating to juvenile courts and juvenile proceedings."
SECTION 3-52. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) and the introductory language of subsection (b) of Code Section 49-4A-7, relating to powers and duties of the department, as follows:
"(1) Accept for detention in a youth development center or other juvenile detention facility any child who is committed to the department under Article 1 7 of Chapter 11 of Title 15; (2) Provide probation and parole and other court services for children and youth pursuant to a request from a court under Article 1 7 of Chapter 11 of Title 15;" "(b) When given legal custody over a child or youth for detention in a youth development center or other facility under court order under Article 1 7 of Chapter 11 of Title 15, the department shall have:"
SECTION 3-53. Said title is further amended by revising Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows:
"49-4A-8. (a) When any child or youth is adjudged to be in a state of delinquency or unruliness or a child in need of services who has violated a valid court order under Article 1 6 or 7 of Chapter 11 of Title 15 and the court does not release such child or youth unconditionally or place him or her on probation or in a suitable public or private institution or agency, the court may commit him such child to the department as provided in said Article 1 6 or 7 of Chapter 11 of Title 15; provided, however, that no delinquent or unruly child or youth or child in need of services who has violated a valid court order shall be committed to the department until the department certifies to the Governor that it has facilities available and personnel ready to assume responsibility for delinquent or unruly children and youths and children in need of services who have violated a valid court order. (b) When the court commits a delinquent or unruly child or a child in need of services who has violated a valid court order to the department, it may order the child conveyed forthwith to any facility designated by the department or direct that the child be left at liberty until otherwise ordered by the department under such conditions as will ensure his or her availability and submission to any orders of the department. If such delinquent or unruly child or child in need of services who has violated a valid court order is ordered conveyed to the department, the court shall assign an officer or other suitable person to convey such child to any facility designated by the department, provided that the person assigned to convey a girl must be a female. The cost of conveying such child committed to the department to the facility designated by the department shall be paid by the county from which such child is committed, provided

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that no compensation shall be allowed beyond the actual and necessary expenses of the party conveying and the child conveyed. (c) When a court commits a delinquent or unruly child or a child in need of services who has violated a valid court order to the department, the court shall at once forward to the department a certified copy of the order of commitment and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect to the case. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department.
(d)(1) When a delinquent or unruly child or a child in need of services who has violated a valid court order has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and study the child and investigate all pertinent circumstances of his or her life and behavior. The department shall make periodic reexaminations of all delinquent or unruly such children within its control, except those on release under supervision of the department. Such reexaminations may be made as frequently as the department considers desirable and shall be made with respect to every child at intervals not exceeding one year. Failure of the department to examine a delinquent or unruly child such a child committed to it or to reexamine him or her within one year of a previous examination shall not of itself entitle the child to discharge from control of the department but shall entitle the child to petition the committing court for an order of discharge; and the court shall discharge him or her unless the department, upon due notice, satisfies the court of the necessity of further control. (2) The department shall keep written records of all examinations and reexaminations, of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child and every child in need of services who has violated a valid court order subject to its control. Records as may be maintained by the department with respect to a delinquent or unruly child or a child in need of services who has violated a valid court order committed to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles. (e) Except as provided by subsection (e.1) of this Code section and subsection (b) (c) of Code Section 15-11-70 15-11-602, when a delinquent or unruly child or a child in need of services who has violated a valid court order has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the child's care and treatment has been completed, the department may:

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(1) Permit the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the child's confinement under such conditions as the department may believe best designed to serve the child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desirable; (4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge the child from control of the department pursuant to Code Section 1511-32 and subsection (a) (c) of Code Section 15-11-70 15-11-607 when it is satisfied that such discharge will best serve the child's welfare and the protection of the public. (e.1)(1) When a child who has been adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-63 15-11-2 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody. (2) As long as a good faith attempt to comply with paragraph (1) of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection. (3) When a child convicted of a felony offense in a superior court is released from confinement or custody of the department, the department shall provide written notice, including the delinquent or designated felony act committed, to the superintendent of the school system in which such child was enrolled or, if the information is known, the school in which such child was enrolled or plans to be enrolled. (4) As long as a good faith attempt to comply with paragraph (3) of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide notice required by paragraph (3) of this subsection. (f) As a means of correcting the socially harmful tendencies of a delinquent or unruly child or a child in need of services who has violated a valid court order committed to it, the department may: (1) Require participation by youth in moral, academic, vocational, physical, and correctional training and activities, and provide youth the opportunity for religious activities where practicable in the institutions under the control and supervision of the department; (2) Require such modes of life and conduct as may seem best adapted to fit and equip him or her for return to full liberty without danger to the public; (3) Provide such medical, psychiatric, or casework treatment as is necessary; or (4) Place him or her, if physically fit, in a park, maintenance camp, or forestry camp or on a ranch owned by the state or by the United States and require any child so

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housed to perform suitable conservation and maintenance work, provided that the children shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabilitate the children rather than to make the camps selfsustaining. (g) When funds are available, the department may: (1) Establish and operate places for detention and diagnosis of all delinquent or unruly children or children in need of services who have violated a valid court order committed to it; (2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits and different mental and physical conditions, according to their needs; and (3) Establish parole or aftercare supervision to aid children given conditional release to find homes and employment and otherwise to assist them to become reestablished in the community and to lead socially acceptable lives. (h) Whenever the department finds that any delinquent or unruly child committed to the department is mentally ill or mentally retarded developmentally disabled, the department shall have the power to return such delinquent or unruly child to the court of original jurisdiction for appropriate disposition by that court or may, if it so desires, request the court having jurisdiction in the county in which the youth development center or other facility is located to take such action as the condition of the child may require. (i)(1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the written request mentioned above must be reviewed by the commissioner or his or her designee. If the commissioner or his or her designee finds that probable cause exists to believe that the child has violated his or her conditions of supervision, he or she may issue an order directing that the child be picked up and returned to custody. (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 or children in need of services who have violated a valid court order 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

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department pertaining to the management, custody, care, and control of delinquent children or children in need of services who have violated a valid court order 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 or children in need of services who have violated a valid court order 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 or children in need of services who have violated a valid court order 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 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 or children in need of services who have violated a valid court order 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. (3) For the purposes of investigation of delinquent or unruly children or children in need of services who have violated a valid court order who have escaped from institutions or facilities of the department or of delinquent or unruly children or children in need of services who have violated a valid court order who are alleged to have broken the conditions of supervision, the department is empowered and authorized to request and receive from the Georgia Crime Information Center, established by Chapter 3 of Title 35, any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children. (4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision, or a

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child may be taken into custody pursuant to Code Section 15-11-45 15-11-501. When taking a child into custody pursuant to this paragraph, a designated employee of the department shall have the power to use all force reasonably necessary to take the child into custody. (5) The child shall be kept in custody in a suitable place designated by the department and there detained until such child may be returned to the custody of the department. (6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to this subsection shall have the same immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant. (j) The department shall ensure that each delinquent or unruly child or child in need of services who has violated a valid court order it releases under supervision or otherwise has suitable clothing, transportation to his or her home or to the county in which a suitable home or employment has been found for him or her, and such an amount of money as the rules and regulations of the board may authorize. The expenditure for clothing and for transportation and the payment of money to a delinquent or unruly child or a child in need of services who has violated a valid court order released may be made from funds for support and maintenance appropriated by the General Assembly to the department or to the institution from which such child is released or from local funds. (k) Every child committed to the department as delinquent or unruly, if not already discharged, shall be discharged from custody of the department when he reaches his or her twenty-first birthday. (l) Commitment of a delinquent or unruly child to the custody of the department shall not operate to disqualify such child in any future examination, appointment, or application for public service under the government either of the state or of any political subdivision thereof. (m) A commitment to the department shall not be received in evidence or used in any way in any proceedings in any court, except in subsequent proceedings for delinquency or unruliness being in need of services involving the same child and except in imposing sentence in any criminal proceeding against the same person. (n) The department shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the department shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the department and shall tabulate, analyze, and publish in print or electronically annually these data so that they may be used to evaluate the relative merits of methods of treatment. The department shall cooperate with courts and public and private agencies in the collection of statistics and information regarding juvenile delinquency; arrests made; complaints, informations, and petitions filed; the disposition made thereof; and other information useful in determining the amount and causes of juvenile delinquency in this state. In order to facilitate the collection of such information, the department

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shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to juveniles. (o) When a child who is committed to the department is under court order to make certain restitution as a part of his or her treatment by the court, the requirement that the restitution be paid in full shall not cease with the order of commitment. The provision of the order requiring restitution shall remain in force and effect during the period of commitment and the department is empowered to enforce said restitution requirement and to direct that payment of funds or notification of service completed be made to the clerk of the juvenile court or another employee of that court designated by the judge."
SECTION 3-54. Said title is further amended by revising subsection (b) of Code Section 49-4A-9, relating to sentence of youthful offenders, as follows:
"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing or paroling any child adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-63 15-11-2 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection."
SECTION 3-55. Said title is further amended by revising paragraphs (3), (5), (12), and (16) of Code Section 49-5-3, relating to definitions regarding services for children and youth, as follows:
"(3) 'Child welfare and youth services' means duties and functions authorized or required by this article to be provided by the department with respect to:
(A) Establishment and enforcement of standards for social services and facilities for children and youths which supplement or substitute for parental care and

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supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation, or delinquency of children and youths; (B) Protecting and caring for deprived dependent children and youths; (C) Protecting and promoting the welfare of children of working mothers; (D) Providing social services to children and youths and their parents and care for children and youths born out of wedlock and their mothers; (E) Promotion of coordination and cooperation among organizations, agencies, and citizen groups in community planning, organization, development, and implementation of such services; and (F) Otherwise protecting and promoting the welfare of children and youths, including the strengthening of their homes where possible or, where needed, the provision of adequate care of children and youths away from their homes in foster family homes or day-care or other child care facilities." "(5) 'Deprived Dependent child or youth' means any person so adjudged under Chapter 11 of Title 15." "(12) 'Legal custody' means a legal status created by court order embodying the following rights and responsibilities: (A) The right to have the physical possession of the child; (B) The right and the duty to protect, train, and discipline the child; (C) The responsibility to provide the child with food, clothing, shelter, education, and ordinary medical care; and (D) The right to determine where and with whom the child shall live, provided that these rights and responsibilities shall be exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child and subject to any residual parental rights and responsibilities. These rights shall be subject to judicial oversight and review pursuant to Code Section 15-11-55 15-11212." "(16) 'Protective supervision' means a legal status created by court order following adjudication in a deprivation dependency case, whereby a child's place of abode is not changed but assistance directed at correcting the deprivation dependency is provided through the court or an agency designated by the court."
SECTION 3-56. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 49-5-8, relating to powers and duties of the department, as follows:
"(1) Preventive services as follows: (A) Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and

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(B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems; (2) Child welfare services as follows: (A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency; (B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency; (C) Supervising and providing required services and care involved in the interstate placement of children; (D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother; (E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes; (F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and (G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision;"
SECTION 3-57. Said title is further amended by revising subsection (e) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows:
"(e) Notwithstanding any other provisions of law, with the exception of medical and mental health records made confidential by other provisions of law, child abuse and deprivation dependency records applicable to a child who at the time of his or her fatality or near fatality was:
(1) In the custody of a state department or agency or foster parent; (2) A child as defined in paragraph (3) of Code Section 15-11-171 15-11-741; or (3) The subject of an investigation, report, referral, or complaint under Code Section 15-11-173 15-11-743 shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that any identifying information, including but not limited to the child or caretaker's name, race, ethnicity, address, or telephone numbers and any other information that is privileged or confidential, shall be redacted to preserve the confidentiality of the child, other children in the household, and the child's parents, guardians, custodians, or caretakers. Upon the release of documents pursuant to this subsection, the department may comment publicly on the case."

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SECTION 3-58. Said title is further amended by revising paragraph (3) of Code Section 49-5-60, relating to definitions for employee record checks for day-care centers, as follows:
"(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph."
SECTION 3-59. Said title is further amended by revising paragraph (2) of Code Section 49-5-110, relating to definitions for record checks for persons supervising children, as follows:
"(2) 'Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating to cruelty to children; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph."
SECTION 3-60. Said title is further amended by revising paragraph (2) of Code Section 49-5-131, relating to definitions, as follows:
"(2) 'Child' means a person under the age of 17 years who is alleged to have committed a delinquent act or a person under the age of 18 years who is alleged to be deprived dependent or is alleged to be a status offender child in need of services as those terms are defined by Code Section 15-11-2."
SECTION 3-61. Said title is further amended by revising paragraphs (15) and (18) of subsection (a) of Code Section 49-5-281, relating to bill of rights for foster parents, as follows:
"(15) The right to participate in the case planning and decision-making process with the Division of Family and Children Services regarding the child as provided in Code Section 15-11-58 15-11-201;" "(18) The right to be notified in advance, in writing, by the Division of Family and Children Services or the court of any hearing or review where the case plan or

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permanency of the child is an issue, including initial and periodic reviews held by the court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel in accordance with Code Section 15-11-217, hearings following revocation of the license of an agency which has permanent custody of a child in accordance with Code Section 31-2-6, and permanency plan hearings, and motions to extend custody, in accordance with Code Section 15-11-58 in accordance with Code Section 15-11230;"
SECTION 3-62. Code Section 52-7-12 of the Official Code of Georgia Annotated, relating to operation of watercraft while under the influence of alcohol or drugs, is amended by revising subsection (l) as follows:
"(l) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
PART IV EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 4-1.
This Act shall become effective on July 1, 2013, and shall apply to all juvenile proceedings commenced on and after such date. The enactment of this Act shall not affect any prosecutions for acts occurring before July 1, 2013, and shall not act as an abatement of any such prosecutions.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 0.

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

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 289. By Representatives Welch of the 110th and Knight of the 126th:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL TO 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 change certain provisions relating to population brackets and the census relative to definitions regarding certain 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. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, is amended by revising subparagraph (L) of paragraph (3) of Code Section 48-5-40, relating to definitions, as follows:
"(L) In all counties having a population of not less than 19,200 23,500 nor more than 19,750 23,675, according to the United States decennial census of 2000 2010 or any future such census, where the person who is the applicant holds real property subject to a written lease; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real property;"

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

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles
Beasley-Teague Y Bell Y Benfield Y Benton

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix

Y Shaw Y Sheldon E Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M E Stephens, R

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Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas E Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Oliver Y O'Neal Y Pak Y Parent E Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

WEDNESDAY, FEBRUARY 29, 2012

1937

To amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to change certain provisions relating to definitions relative to the "Woman's Right to Know Act"; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly makes the following findings:
(1) At least by 20 weeks after fertilization there is substantial evidence that an unborn child has the physical structures necessary to experience pain; (2) There is substantial evidence that, by 20 weeks after fertilization, unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be interpreted as a response to pain; (3) Anesthesia is routinely administered to unborn children who have developed 20 weeks or more past fertilization who undergo prenatal surgery; (4) Even before 20 weeks after fertilization, unborn children have been observed to exhibit hormonal stress responses to painful stimuli. Such responses were reduced when pain medication was administered directly to such unborn children; and (5) It is the purpose of the State of Georgia to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.
SECTION 2. Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, is amended by revising Code Sections 16-12-140 and 16-12-141, relating to criminal abortion and when abortion is legal, respectively, as follows:
"16-12-140. (a) Except as otherwise provided in Code Section 16-12-141, a A person commits the offense of criminal abortion when, in violation of Code Section 16-12-141, he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion. (b) A person convicted of the offense of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years.

1938

JOURNAL OF THE HOUSE

16-12-141. (a) Nothing in this article shall be construed to prohibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 34 of Title 43, based upon his or her best clinical judgment that an abortion is necessary, except that Code Section 16-12-144 is a prohibition of a particular abortion method which shall apply to both duly licensed physicians and laypersons. No abortion is authorized or shall be performed in violation of subsection (a) of Code Section 31-9B2.
(b)(1) No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital, in a licensed ambulatory surgical center, or in a health facility licensed as an abortion facility by the Department of Community Health. (2) An abortion shall only be performed by a physician licensed under Article 2 of Chapter 34 of Title 43. (c)(1) No abortion is authorized or shall be performed after the second trimester if the probable gestational age of the unborn child has been determined in accordance with Code Section 31-9B-2 to be 20 weeks or more unless the physician and two consulting physicians certify that in reasonable medical judgment the abortion is necessary in their best clinical judgment to preserve the life or health of the woman to:
(A) Avert the death of the pregnant woman or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; or (B) Preserve the life of an unborn child. As used in this paragraph, the term 'probable gestational age of the unborn child' has the meaning provided by Code Section 31-9B-1. (2) In any case described in subparagraph (A) or (B) of paragraph (1) of this subsection, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would another available method. No such greater risk shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. If the product of the abortion child is capable of meaningful or sustained life, medical aid then available must be rendered.

WEDNESDAY, FEBRUARY 29, 2012

1939

(d) The performing physician shall file with the commissioner of public health within ten days after an abortion procedure is performed a certificate of abortion containing such statistical data as is determined by the Department of Public Health consistent with preserving the privacy of the woman. Hospital or other licensed health facility records shall be available to the district attorney of the judicial circuit in which the hospital or health facility is located."
SECTION 3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Chapter 9B to read as follows:
"CHAPTER 9B
31-9B-1. (a) As used in this chapter, the term:
(1) 'Abortion' has the meaning provided by Code Section 31-9A-2. (2) 'Medical emergency' has the meaning provided by Code Section 31-9A-2. (3) 'Physician' has the meaning provided by Code Section 31-9A-2. (4) 'Probable gestational age of the unborn child' means what will, in reasonable medical judgment and with reasonable probability, be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced, as dated from the time of fertilization of the human ovum. (5) 'Reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (6) 'Unborn child' has the meaning provided by Code Section 31-9A-2.
31-9B-2. (a) Except in the case of a medical emergency, no abortion shall be performed or attempted to be performed unless the physician performing it has first made a determination of the probable gestational age of the unborn child or relied upon such a determination made by another physician. (b) Failure by any physician to conform to any requirement of this Code section constitutes unprofessional conduct for purposes of paragraph (7) of subsection (a) of Code Section 43-34-8 relating to medical licensing sanctions.
31-9B-3. (a) Any physician who performs or attempts to perform an abortion shall report to the department, in conjunction with the reports required under Code Section 31-9A-6 and in accordance with forms and rules and regulations adopted and promulgated by the department:
(1) If a determination of probable gestational age was made, the probable gestational age determined and the method and basis of the determination;

1940

JOURNAL OF THE HOUSE

(2) If a determination of probable gestational age was not made, the basis of the determination that a medical emergency existed; (3) If the probable gestational age was determined to be 20 or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the termination of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, or the basis of the determination that it was necessary to preserve the life of an unborn child; and (4) The method used for the abortion and, in the case of an abortion performed when the probable gestational age was determined to be 20 or more weeks, whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive or, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would other available methods. (b) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (a) of this Code section. Each such report shall also provide the statistics for all previous calendar years during which this Code section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed. (c) Any physician who fails to submit a report by the end of the grace period of 30 days following the due date shall be subject to sanctions as specified in subsection (e) of Code Section 31-9A-6. (d) The department shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section."
SECTION 4. Said title is further amended by revising paragraph (2) of Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act," as follows:
"(2) 'Medical emergency' means any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function. 'Medical emergency' means any condition which, in reasonable medical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function of the pregnant woman or death of the unborn child. No such

WEDNESDAY, FEBRUARY 29, 2012

1941

condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function."

SECTION 5. For purposes of promulgating rules and regulations, this Act shall become effective upon approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2013.

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

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

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

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood N Baker Y Battles N Beasley-Teague N Bell N Benfield N Benton N Beverly Y Black Y Braddock Y Brockway N Brooks N Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas N Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman

Y Davis E Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton
Ehrhart Y England
Epps, C Y Epps, J E Evans N Floyd N Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B

N Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston N Howard N Hudson N Hugley
Jackson N Jacobs N James Y Jasperse Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan N Kaiser N Kendrick E Kidd Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak N Parent N Parrish N Parsons Y Peake Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C

Y Shaw Y Sheldon Y Sims, B E Sims, C N Smith, E N Smith, K Y Smith, L N Smith, R Y Smith, T N Smyre Y Spencer N Stephens, M E Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R N Taylor, T Y Teasley N Thomas
VACANT N Waites Y Watson Y Welch Y Weldon N Wilkerson E Wilkinson N Willard N Williams, A Y Williams, C

1942

JOURNAL OF THE HOUSE

Y Collins Y Cooke Y Coomer E Cooper Y Crawford

Y Harden, M Y Harrell Y Hatchett Y Hatfield
Heard

Y Manning N Marin Y Martin Y Maxwell N Mayo

Y Rogers, T Y Rynders Y Scott, M N Scott, S Y Setzler

N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 102, nays 65.

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

Due to a mechanical malfunction, the vote of Representative Heard of the 114th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative McKillip of the 115th asked unanimous consent that HB 954 be immediately transmitted to the Senate.

It was so ordered.

Representative Dickson of the 6th moved that the following Bill of the House be withdrawn from the Committee on Appropriations and recommitted to the Committee on Education:

HB 1178. By Representatives Dickson of the 6th, England of the 108th and Coleman of the 97th:

A BILL to be entitled an Act to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes, so as to require a ten-year projection of costs for bills which would create a new program or funding category and which would have a significant impact upon anticipated revenues or expenditures of the Department of Education; to provide for related matters; to repeal conflicting laws; and for other purposes.

The motion prevailed.

Representative O'Neal of the 146th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 5, 2012, and the motion prevailed.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, March 5, 2012.

MONDAY, MARCH 5, 2012

1943

Representative Hall, Atlanta, Georgia
Monday, March 5, 2012
Twenty-Ninth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Dr. James Flanagan, President, Luther Rice Seminary & University, Lithonia, Georgia.
The members pledged allegiance to the flag.
Representative Davis of the 109th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
The following communication was received:
House of Representatives 332 State Capitol
Atlanta, Georgia 30334

1944

JOURNAL OF THE HOUSE

February 29, 2012
Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
The following committees were assigned to newly elected Keisha Waites, District 60.
Children and Youth Interstate Cooperation Special Rules
If you have any question, please feel free to contact me.
Sincerely,
/s/ David Ralston David Ralston, Speaker Georgia House of Representatives
DR/dh
cc: Clerk's Office Representative Committee Office
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1203. By Representatives Smith of the 122nd, Howard of the 121st, Frazier of the 123rd and Murphy of the 120th:
A BILL to be entitled an Act to amend an Act creating the AugustaRichmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), so as to provide that appointed members of the authority may be reappointed to succeed themselves; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

MONDAY, MARCH 5, 2012

1945

HB 1204. By Representatives Coleman of the 97th and Rice of the 51st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1205. By Representatives Brockway of the 101st and Clark of the 104th:
A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Lawrenceville, Georgia, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to change the term of office for the mayor; to change the term of office for city councilmembers; to provide for a transition to the new terms of office; to provide for term limits for the mayor; to provide for term limits for city councilmembers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1206. By Representatives Randall of the 138th, Peake of the 137th, Dickey of the 136th, Epps of the 140th, Beverly of the 139th and others:
A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980, (Ga. L. 1980, p. 4313), as amended, so as to provide for the power of the authority to enter into contracts with counties and municipal corporations to provide public transportation services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 1210. By Representatives Mitchell of the 88th, Stephens of the 161st, Jordan of the 77th and Marin of the 96th:
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 applicable to state government, so as to require that state employees reside in this state; 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.

1946

JOURNAL OF THE HOUSE

HB 1211. By Representatives Mitchell of the 88th, Stephens of the 161st and Marin of the 96th:
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 prohibit the imposition of the death penalty under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 1212. By Representatives Johnson of the 37th, Cooper of the 41st, Manning of the 32nd, Oliver of the 83rd, Dickson of the 6th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to change the period for withdrawing a surrender of parental rights; to provide for related matters, to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 1642. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing the song "Highway 98" by Ricky Fitzpatrick and dedicating a portion of the road in its honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1643. By Representatives Howard of the 121st, Smith of the 122nd, Frazier of the 123rd and Murphy of the 120th:
A RESOLUTION recognizing Mrs. Ruth B. Crawford and dedicating a road in her honor; and for other purposes.
Referred to the Committee on Transportation.
HR 1644. By Representatives Holt of the 112th, Dudgeon of the 24th and Baker of the 78th:
A RESOLUTION creating the House Study Committee on Subsidiary Corporation Condemnation for Electric Transmission Lines; and for other purposes.
Referred to the Committee on Judiciary.

MONDAY, MARCH 5, 2012

1947

HR 1645. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd and others:
A RESOLUTION urging President Obama and Congress to propose an overtime initiative be added to the Fair Labor Standards Act that would qualify home care workers for federal wage and overtime protection; and for other purposes.
Referred to the Committee on Industrial Relations.
HR 1672. By Representatives Taylor of the 173rd, Carter of the 175th, McCall of the 30th, Roberts of the 154th, England of the 108th and others:
A RESOLUTION urging Congress to expand the eligibility and reduce the over regulation of the H-2A guest worker program; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 1673. By Representatives Sims of the 119th, Howard of the 121st and Smith of the 122nd:
A RESOLUTION honoring the life of Deputy James D. Paugh and dedicating an interchange in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1674. By Representative Murphy of the 120th:
A RESOLUTION honoring the life of Deputy James D. Paugh and dedicating an interchange in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 1675. By Representatives Hugley of the 133rd, Abrams of the 84th and Williams of the 165th:
A RESOLUTION creating the House Study Committee on Compensation for the Convicted Innocent; and for other purposes.
Referred to the Committee on Judiciary.

1948

JOURNAL OF THE HOUSE

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 1223. By Representatives Hamilton of the 23rd, Byrd of the 20th, Hill of the 21st and Jerguson of the 22nd:

A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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

HB 1188 HB 1190 HB 1192 HB 1194 HB 1196 HB 1199 HB 1201 HB 1207 HB 1209 HR 1676 SB 293 SB 371 SB 446

HB 1189 HB 1191 HB 1193 HB 1195 HB 1197 HB 1200 HB 1202 HB 1208 HR 1640 SB 176 SB 365 SB 430

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

MONDAY, MARCH 5, 2012

1949

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

HB 651 Do Pass HB 797 Do Pass, by Substitute HB 1178 Do Pass

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Sims of the 169th District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1097 HB 1172 HB 1183 HB 1185

Do Pass, by Substitute Do Pass Do Pass Do Pass

HB 1171 HB 1177 HB 1184 HB 1187

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Sims of the 169th
Chairman

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

Mr. Speaker:

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

HB 512 Do Pass, by Substitute HB 872 Do Pass, by Substitute

HB 685 Do Pass, by Substitute HB 1093 Do Pass

1950

JOURNAL OF THE HOUSE

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

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

HOUSE RULES CALENDAR MONDAY, MARCH 5, 2012

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

DEBATE CALENDAR

Modified Open Rule

HB 871 HB 928 HB 931 HB 945 HB 987
HB 991 HB 997

Violations of traffic laws; additional penalty to be assessed for driver education purposes; extend expiration date (JudyNC-Battles-15th) Peace Officer's Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide (Ret-Riley-50th) Insurance; state domestic farmers' mutual fire insurance companies; update provisions (Ins-Shaw-176th) Banks and trust companies; issuance of non-cash valued shares with approval; provide (B&B-Teasley-38th) Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide (Ret-Riley50th) Sheriffs; how vacancies are filled; change provisions (Substitute)(GAffMaddox-127th) Crimes and offenses; new crime of false lien statements against public officers; provide (JudyNC-Pak-102nd)

Modified Structured Rule

HB 648 HB 673 HB 825 HB 897

Legal services for indigents; certain fees to fund accused; change provisions (JudyNC-Golick-34th) Georgia's Return to Play Act of 2012; enact (Substitute)(H&HS-Mitchell88th) Education; time frame relative to hearings before administrative law judges; eliminate (Substitute)(Ed-Nix-69th) Georgia Workforce Investment Board; revise provisions (IndR-Harden28th)

MONDAY, MARCH 5, 2012

1951

HB 899 HB 934 HB 972 HB 986
HB 1024 HB 1026 HB 1065 HB 1069 HB 1102
HB 1117 HB 1166 HR 977 HR 1150

Primaries and elections; dates of nonpartisan elections; provide (Substitute)(GAff-Brockway-101st) State agencies; guaranteed energy savings performance contracts; change certain provisions (Substitute)(EU&T-Parsons-42nd) Georgia Pain Management Clinic Act; enact (Substitute)(H&HS-Weldon3rd) Insurance; dispute or complaint involving material not in English, the English version shall control the resolution; provide (Substitute)(InsHembree-67th) Budget commission; certain counties; population and census application; revise and change (IGC-Rice-51st) Municipalities; law enforcement contracts; population brackets and census; change provisions (IGC-Sheldon-105th) Alcoholic beverages; tax payment and reporting by licensees; change certain provisions (RegI-Williams-4th) Pharmacists and pharmacies; revise definition of security paper (Substitute)(H&HS-Weldon-3rd) Georgia hazardous site reuse and redevelopment; 30 day grace period for buyers of qualifying property to seek limitation of liability; provide (SCSBDJ-Smith-70th) Local government; approval of bonded debt by election; population brackets and the census; change certain provisions (IGC-Clark-104th) Insurance; individual health insurance coverage to children through childonly health plans; provide (Substitute)(Ins-Atwood-179th) Legal services for indigent; dedicate existing fees; provide - CA (Substitute)(JudyNC-Golick-34th) Sales and use tax; educational purposes; only distributed on basis of fulltime equivalent student counts - CA (Substitute)(Ed-Coleman-97th)

Structured Rule

HB 732 HB 808 HB 896 HB 916 HB 1056 HB 1160

Special license plates; Purple Hearts; include persons serving in armed services (Substitute)(MotV-McBrayer-153rd) Taxation; exclusion to certain income of certain disabled veterans; provide (W&M-Yates-73rd) Sales tax; distribution for educational purposes; change certain provisions (W&M-Coleman-97th) Bona fide conservation use property; covenants; change certain qualifications and restrictions (Substitute)(W&M-Knight-126th) Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions (W&M-Battles-15th) Public Service Commission; term and manner of election of chairperson; change (Substitute)(EU&T-Roberts-154th)

1952

JOURNAL OF THE HOUSE

HR 1177 Veterans Memorial Highway; Oglethorpe County; dedicate (Substitute)(Trans-Williams-113th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Meadows of the 5th
Chairman
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 238. By Senators James of the 35th, Davenport of the 44th, Tate of the 38th, Seay of the 34th, Orrock of the 36th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to provide that any motorized wheelchair or scooter operated on public ways and sidewalks after dark shall be equipped with reflectors; to provide that any such wheelchairs and scooters sold in this state shall be equipped with reflectors; to repeal conflicting laws; and for other purposes.
SB 321. By Senators Unterman of the 45th, McKoon of the 29th, Stone of the 23rd and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts; to provide for additional changes to said Code section, relating to the use of a form to transfer title to a motor vehicle to

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be sold or disposed of as scrap metal or parts, subject to a contingency; and for other purposes.
SB 346. By Senators Balfour of the 9th, Carter of the 1st and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 381. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Hill of the 4th, Stone of the 23rd, Crane of the 28th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government general provisions, so as to change certain definitions relating to the electronic transmission of budgets; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 403. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to school health nurse programs; to include school nurses in state formula funding based on full-time equivalent student counts; to provide for grants for supplies for school health nurse programs; to provide for a state-level coordinator for school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 404. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd:
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 provide for the development of category-level expenditure controls for staff development funds; to include school level administrators in professional development funding under the Quality Basic Education Formula; to provide for state-wide strategic initiatives for professional development; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 405. By Senators Miller of the 49th, Jackson of the 24th, Wilkinson of the 50th, Orrock of the 36th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the office of student achievement, so as to provide that a private college that submits confidential student data and records to the Department of Education shall not be liable for the breach of the confidentiality of such data and records by the Department of Education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 412. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend Code Section 20-2-52.1 of the Official Code of Georgia Annotated, relating to composition and election of county boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes and terms of service, so as to delay the effective date of such Code section until January 1, 2015; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 424. By Senators Heath of the 31st, Loudermilk of the 52nd, Wilkinson of the 50th, Williams of the 19th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 427. By Senators Tolleson of the 20th, Davis of the 22nd, Rogers of the 21st, Millar of the 40th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedure upon grant, denial, renewal, revocation, suspension, annulment, or withdrawal of licenses, so as to require agency procedures for timely processing of and status reports regarding applications for issuance or renewal of licenses; to repeal conflicting laws; and for other purposes.
SB 429. By Senators Tolleson of the 20th, Chance of the 16th, Rogers of the 21st, Millar of the 40th, Davis of the 22nd and others:

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A BILL to be entitled an Act to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs relative to the General Assembly, so as to change certain provisions relating to fiscal notes for bills changing compensation; to change certain provisions relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes; to change certain provisions relating to state and local government partnership; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to change certain provisions relating to fiscal notes required for bills impacting employees' health insurance plans; to repeal conflicting laws; and for other purposes.
SB 494. By Senators Cowsert of the 46th and Ginn of the 47th:
A BILL to be entitled an Act to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4246), so as to change the composition and description of the districts from which the members of the Commission of Athens-Clarke County are elected; to provide for terms of office and manner of election; to provide for definitions and inclusions; to provide for the manner of redistricting; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1007. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3624), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1008. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th:

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A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3632), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1018. By Representatives Maddox of the 172nd and Taylor of the 173rd:
A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, particularly by an Act approved September 26, 2001 (Ga. L. Ex. Sess. 2001, p. 660), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1059. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3986), so as to change the description of the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1060. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th:
A BILL to be entitled an Act to amend an Act creating the Burke County Board of Education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5156), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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HB 1074. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. L. 1988, p. 3755), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1075. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3964), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1076. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4692), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for 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 1077. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4697), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights

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Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1083. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1084. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5621), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1087. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3691), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1088. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p.

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2582), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3684), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1091. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), so as to increase the amount of the exemption from school district taxes for residents who are 65 and older; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1092. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), so as to provide for staggered terms for members of the city council; to provide for the manner of election; to provide that the mayor and council shall appoint the city attorney and city clerk; to revise the duties of the mayor and council; to revise the amount of fines that may be imposed by the municipal court; to provide for the applicability of Chapter 2 of Title 21 of the O.C.G.A. to municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1100. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), so as to increase the membership of the board of such authority; to provide for terms of office for such additional members; to provide for a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1103. By Representatives Sims of the 119th, Murphy of the 120th, Howard of the 121st, Smith of the 122nd and Frazier of the 123rd:

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A RESOLUTION honoring the life of Deputy James D. Paugh and dedicating a road in his memory; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 238. By Senators James of the 35th, Davenport of the 44th, Tate of the 38th, Seay of the 34th, Orrock of the 36th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to provide that any motorized wheelchair or scooter operated on public ways and sidewalks after dark shall be equipped with reflectors; to provide that any such wheelchairs and scooters sold in this state shall be equipped with reflectors; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety & Homeland Security.
SB 321. By Senators Unterman of the 45th, McKoon of the 29th, Stone of the 23rd and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts; to provide for additional changes to said Code section, relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 346. By Senators Balfour of the 9th, Carter of the 1st and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription

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drugs by mail or other common carriers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 381. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Hill of the 4th, Stone of the 23rd, Crane of the 28th and others:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government general provisions, so as to change certain definitions relating to the electronic transmission of budgets; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Science and Technology.
SB 403. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to school health nurse programs; to include school nurses in state formula funding based on full-time equivalent student counts; to provide for grants for supplies for school health nurse programs; to provide for a state-level coordinator for school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 404. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd:
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 provide for the development of category-level expenditure controls for staff development funds; to include school level administrators in professional development funding under the Quality Basic Education Formula; to provide for state-wide strategic initiatives for professional development; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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SB 405. By Senators Miller of the 49th, Jackson of the 24th, Wilkinson of the 50th, Orrock of the 36th, Albers of the 56th and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the office of student achievement, so as to provide that a private college that submits confidential student data and records to the Department of Education shall not be liable for the breach of the confidentiality of such data and records by the Department of Education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 412. By Senator Millar of the 40th:
A BILL to be entitled an Act to amend Code Section 20-2-52.1 of the Official Code of Georgia Annotated, relating to composition and election of county boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes and terms of service, so as to delay the effective date of such Code section until January 1, 2015; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 424. By Senators Heath of the 31st, Loudermilk of the 52nd, Wilkinson of the 50th, Williams of the 19th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 427. By Senators Tolleson of the 20th, Davis of the 22nd, Rogers of the 21st, Millar of the 40th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedure upon grant, denial, renewal, revocation, suspension, annulment, or withdrawal of licenses, so as

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to require agency procedures for timely processing of and status reports regarding applications for issuance or renewal of licenses; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 429. By Senators Tolleson of the 20th, Chance of the 16th, Rogers of the 21st, Millar of the 40th, Davis of the 22nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs relative to the General Assembly, so as to change certain provisions relating to fiscal notes for bills changing compensation; to change certain provisions relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes; to change certain provisions relating to state and local government partnership; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to change certain provisions relating to fiscal notes required for bills impacting employees' health insurance plans; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
SB 494. By Senators Cowsert of the 46th and Ginn of the 47th:
A BILL to be entitled an Act to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4246), so as to change the composition and description of the districts from which the members of the Commission of Athens-Clarke County are elected; to provide for terms of office and manner of election; to provide for definitions and inclusions; to provide for the manner of redistricting; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:

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Representatives Morgan of the 39th, Wilkinson of the 52nd, Williams of the 89th, Fullerton of the 151st, Wilkerson of the 33rd, Sheldon of the 105th, and Waites of the 60th.

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

Abdul-Salaam Abrams Allison Amerson Anderson Ashe Atwood Baker Battles E Beasley-Teague Bell Benfield Benton Beverly Black Braddock Brockway Brooks Bryant Buckner Burns Byrd Carson Carter Casas Channell Cheokas Clark, V Coleman Collins Cooke E Coomer Cooper Crawford Davis

E Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, C Epps, J
E Evans E Floyd
Fludd E Frazier
Fullerton Gardner Geisinger Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Harrell Hatchett Hatfield Heard

Heckstall Hembree E Henson Hightower Hill Holcomb Holmes Holt Horne Houston Howard Hudson E Hugley Jackson Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S Jordan Kaiser Kendrick Kidd Knight Lane Lindsey Long Maddox, B Maddox, G Manning Marin Martin

Maxwell Mayo McBrayer McCall McKillip Meadows Mitchell Morgan Morris Murphy Neal, J E Neal, Y Nimmer Nix Oliver O'Neal Parent Parrish Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Rice Riley Roberts Rogers, C Rogers, T Rynders Scott, M

Scott, S E Setzler E Shaw
Sheldon Sims, B Sims, C E Smith, E Smith, K Smith, L Smith, R E Smith, T Smyre Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Waites Watson Welch Weldon Wilkerson Wilkinson Williams, C Williams, E Williams, R Williamson Yates Ralston, Speaker

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

Representatives Bruce of the 64th, Dollar of the 45th, Mosby of the 90th, Pak of the 102nd, and Willard of the 49th.

They wished to be recorded as present.

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

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HB 1097. By Representative Battles of the 15th:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Emerson; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the board's bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To provide for the creation of one or more community improvement districts in the City of Emerson; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment or election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees, and assessments with respect thereto; to provide for the debt of said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, and specification of interest rates in notice to the district attorney or the Attorney General and in notice of validation hearings; to provide for definition of the terms "cost of the project" and "cost of any project" as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the boards generally; to provide for use of proceeds of sale of bonds, notes, and other instruments; to provide for subsequent issues of bonds, notes, and other instruments; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008," shall not apply to the offer, sale, or issuance of the bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to provide for the termination of districts under certain conditions; to provide for severability; 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. Short title.
This Act shall be known and may be cited as the "City of Emerson Community Improvement Districts Act."
SECTION 2. Purpose.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within the City of Emerson, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created under this Act or any supplemental resolution amending same:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm-water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation including, but not limited to, services intended to reduce the volume of traffic or to transport two or more persons in common vehicles or conveyances; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district authorized by this Act. (3) "Bonds" or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) "Caucus of electors" means for each district the meeting of electors at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast.

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(5) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, notes, or other obligations for any projects; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized.

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Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (6) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property used nonresidentially within the district which is then subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Bartow County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner's property for an election based on value majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the aggregate of the owner's properties subject to taxes, fees, or assessments levied by the board for an election based on value majority. Multiple owners of one parcel have one vote for elections based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner's property for elections based on value majority, which must be cast by one of their number who is designated in writing. (8) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Bartow County Board of Tax Assessors or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended or may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth

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clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the district or in another community improvement district immediately adjoining the district as to directly benefit the district, such benefit to be determined by the board, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, for all the essential public purposes set forth in Section 2 of this Act so long as the project is described in the project specifications for the district. (11) "Project specifications" means a description of the project or projects to be undertaken by the district. The project specifications shall include the rates for taxes, fees, and assessments that the district may levy. The project specifications may also include as a matter of election any or all of the following:
(A) The maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (B) The maximum period of time during which such taxes, fees, and assessments may be levied; and (C) A method for the equitable apportionment of such taxes, fees, and assessments. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Bartow County within the district as certified by the Bartow County Tax Commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (13) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use, as well as vacant land zoned or approved for any of the uses listed in this paragraph which does not include residential. (14) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (15) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.

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SECTION 4. Creation.
(a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the City of Emerson, wholly within the incorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board as constituted pursuant to this Act. The conditions for such activation shall be:
(1) The delivery of a petition by any taxpayer containing the project specifications for the proposed district to the governing body of the City of Emerson; (2) The adoption of a resolution consenting to the creation of each community improvement district by the governing body of the City of Emerson which states that the district is created pursuant to this Act and to the project specifications; (3) Written consent to the creation of the community improvement district and the project specifications by:
(A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and (4) If the proposed district is to lie in an area wholly or partially coexistent with one or more community improvement districts, then the board of the newly created district and the board of the preexisting district or districts shall have entered into a cooperative agreement whereby the collection of taxes and the provision of services in the overlapping areas of such districts shall be specified. (b) The written consents provided for in paragraph (3) of subsection (a) of this section and the cooperative agreement, if required, provided for in paragraph (4) of subsection (a) of this section shall be submitted to the Bartow County Tax Commissioner, who shall certify whether paragraphs (3) and (4) of subsection (a), as applicable, have been satisfied with respect to each such proposed district. (c) No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions of this section are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and a second copy shall be filed with the Department of Community Affairs. (d) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees, and assessments pledged to holders of bonds or other indebtedness of the district without such holders' written consent, by the adoption, certification, and filing of a resolution and consents as described in paragraphs (2) and (3) of subsection (a) of this section.

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SECTION 5. Administration, appointment, and election of board members.
(a) Each district created pursuant to this Act shall be administered by a board composed of five members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing body of the City of Emerson and the remaining board members shall be elected by the electors. The appointed board members shall serve at the pleasure of the governing body of the City of Emerson. The initial elected board members shall serve for terms of office as follows: one shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body of the City of Emerson. (b) The initial board members to be elected by the electors as provided in subsection (a) of this section shall be elected in a caucus of electors, which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents provided for in this Act at such time and place within the district as the governing body of the City of Emerson shall designate after notice thereof shall have been given to said electors by publishing notice in the legal organ of Bartow County as provided in this Act and by contacting each elector by United States mail at the address indicated in the property tax rolls. The mayor of the City of Emerson or the mayor's designee shall convene the initial caucus of electors. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Bartow County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereafter, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under the provisions of this Act, notice of such election shall be given to the electors by:
(1) Publishing notice thereof in the legal organ of Bartow County on four dates at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election; and (2) Contacting each elector at least 31 days prior to such election by United States mail at the address indicated in the property tax rolls. (c) One board member shall be elected by majority vote of the electors present and voting at the caucus on the basis of one vote for each elector. Such board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed and to terms of office of four years thereafter. Two board members shall be elected by majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 or fraction thereof in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat.

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(d) The elected board members shall be subject to recall as any other elected public official by the electors. (e) Board members elected by the electors shall be electors within the district. If such board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (f) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not be, a member of the board.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all such real property; provided, however, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the applicable district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Bartow County in the same manner as taxes, fees, and assessments are levied by the county. Delinquent taxes shall bear the same interest and penalties as Bartow County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Bartow County to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and shall notify in writing the collecting governing body so it may include the levy on its regular ad valorem tax bills.

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(c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until the bonded indebtedness then outstanding is paid or refunded.
SECTION 7. Boundaries of the districts.
(a) The boundaries of each district shall be as designated as such by the governing body of the City of Emerson and shall lie wholly within the incorporated area of the City of Emerson as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed into the district and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed into the district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the district which will be subject to taxes, fees, and assessments levied by the board, and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing body of the City of Emerson.
SECTION 8. Debt.
Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, and the debt shall be backed by the full faith, credit, and taxing power of the district, but shall not be an obligation of the State of Georgia, the City of Emerson, or any other unit of government of the State of Georgia other than the district.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of the City of Emerson. If the parties to the cooperation agreement so agree, the cooperation

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agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of the City of Emerson to provide services or facilities within the district; and the City of Emerson shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Such control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the municipality. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided within the district.
SECTION 10. Powers.
(a) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing;

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(7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) The district shall have the power and is authorized, whenever bonds of the district have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any resolution or resolutions authorizing bonds of the district or any issue thereof; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, fees, or assessments to be received as security for its bonds, notes, or other indebtedness and obligations;

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(13) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (14) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant to this Act; (15) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (16) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (17) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (18) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with the City of Emerson; (19) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (20) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (21) To do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in this section are cumulative of and in addition to those powers enumerated elsewhere in this Act; and no such power shall limit or restrict any other power of the board.
SECTION 11. Bonds - generally.
(a) Notes or other obligations issued by a district, other than general obligation bonds, shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith, credit, and taxing power of the district shall be pledged, subject to the power of the district to tax only in accordance with any limitations established by the project specifications. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times but not more than 40 years from their respective dates, shall bear interest at

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such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. The provisions of any such resolution or resolutions shall be a contract with every holder of such bonds, notes, or other obligations, and the duties of the district, the board, and the officers of the district under any such resolution or resolutions shall be enforceable by any holder of such bonds, notes, or other obligations by mandamus or other appropriate action or proceeding at law or in equity. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by a district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provision governing bond validation generally as may be provided by law. Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Bartow County shall be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change

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from time to time, so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed by this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the districts, or in notices of proceedings to validate such bonds of a district.
SECTION 12. Authorized contents of agreements and instruments of the board generally; use of
proceeds of sale of bonds, notes, and other obligations; subsequent issues of bonds, notes, and other obligations.
(a) Subject to the limitations and procedures provided by this section and Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or obligations in connection with the same project or with any other project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia
Uniform Securities Act of 2008"; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008." No notice, proceeding, or publication, except those required by this Act, shall be necessary to the performance of any act authorized by this Act, nor shall any such act be subject to referendum.

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SECTION 14. Dissolution.
Any district activated under the provisions of this Act may be dissolved. So long as a district has no debt outstanding, the board of a district may terminate and dissolve the district as of a certain date, and on such date all property, rights, and obligations of the district shall devolve to the City of Emerson.
SECTION 15. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.
SECTION 16. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1171. By Representatives Randall of the 138th, Epps of the 140th, Dickey of the 136th, Beverly of the 139th, Holmes of the 125th and others:
A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County; to create and incorporate a new political body corporate under the name Macon-Bibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees,

1980

JOURNAL OF THE HOUSE

elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1172. By Representatives Epps of the 128th and James of the 135th:
A BILL to be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4813), so as to provide for election districts to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1177. By Representatives Ehrhart of the 36th, Wilkerson of the 33rd, Evans of the 40th, Johnson of the 37th, Dollar of the 45th and others:
A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), as amended, so as to provide for the collection of law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1183. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act relating to the Montgomery County Board of Education, approved March 21, 1979 (Ga. L. 1979, p. 3151), as amended, so as to change the description of the education districts; to provide for the manner of election; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 5, 2012

1981

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1184. By Representative Horne of the 71st:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Moreland, approved March 28, 1985 (Ga. L. 1985, p. 5053), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4213), so as to change the terms and dates of election of the mayor and aldermen; to provide for a referendum; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1185. By Representative Pruett of the 144th:
A BILL to be entitled an Act to provide a new charter for the City of Cochran; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1187. By Representatives Braddock of the 19th and Maxwell of the 17th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to create the position of city manager and define the powers and duties of said position; 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.

1982

JOURNAL OF THE HOUSE

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway
Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke E Coomer Y Cooper
Crawford

Y Davis E Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton
Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long
Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S E Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

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

MONDAY, MARCH 5, 2012

1983

HB 1065. By Representative Williams of the 4th:

A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to tax payment and reporting by licensees; to provide a date by which taxes must be paid for distilled spirits sold by the package or disposed of by wholesale dealers; to provide for electronic record keeping; to declare certain distilled spirits to be contraband; to change certain provisions relating to authorization of the levy of tax on the sale of distilled spirits by the package and imposition of tax by both counties and municipalities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway
Brooks Bruce Y Bryant Y Buckner Y Burns Byrd Y Carson Y Carter Y Casas Y Channell Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton
Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Murphy Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E

1984

JOURNAL OF THE HOUSE

Y Cooke Y Coomer Y Cooper Y Crawford

Y Harrell Y Hatchett Y Hatfield Y Heard

Y Marin Y Martin Y Maxwell Y Mayo

Y Rynders Y Scott, M Y Scott, S E Setzler

Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 156, nays 0.

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

Representative Murphy of the 120th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1026. By Representatives Sheldon of the 105th, Rice of the 51st and Brockway of the 101st:

A BILL to be entitled an Act to amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to authorization of law enforcement contracts with municipalities, reimbursement, employment and expenditures, and exception, so as to change the provisions relative to population brackets and the census regarding the exception to such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Davis E Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas

MONDAY, MARCH 5, 2012

1985

Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Fullerton Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 160, nays 0.

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

The following Bill of the House, having previously been read, was again taken up for consideration:

HB 986. By Representatives Hembree of the 67th, Smith of the 131st, Maxwell of the 17th, Meadows of the 5th and Dollar of the 45th:

A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that in the event of a dispute or complaint arising involving material not in English, the English version of the material shall control the resolution of the dispute or complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1986

JOURNAL OF THE HOUSE

SECTION 1. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, is amended by adding a new Code section to read as follows:
"33-1-22. In the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy as that term is defined in paragraph (1) of Code Section 33-24-1 shall control the resolution of such dispute or complaint; provided, however, that nothing contained in this Code section shall abrogate or supercede the provisions set forth in Chapter 6 of Title 33, relating to unfair trade practices."

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

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell N Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks N Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton N Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James Y Jasperse
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy
Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K
Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A

MONDAY, MARCH 5, 2012

1987

Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 4.

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

Representative Smith of the 70th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 934. By Representatives Parsons of the 42nd, Williams of the 4th, Horne of the 71st and Baker of the 78th:

A BILL to be entitled an Act to amend Code Section 50-37-3 of the Official Code of Georgia Annotated, relating to state agencies entering into guaranteed energy savings performance contracts, so as to change certain provisions relating to the process of implementing guaranteed energy savings performance contracts for governmental units; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 36-91-2 of the Official Code of Georgia Annotated, relating to definitions relative to public works construction projects, so as to define "public works construction"; to amend Chapter 37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed energy savings performance contracts, so as to clarify that the authority of counties and municipal corporations to enter into such contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts; to provide for definitions; to change certain provisions relating to government units entering into guaranteed energy savings performance contracts; to change certain provisions relating to guaranteed energy savings contracts provisions; to change certain provisions relating to review of capital improvement projects; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1988

JOURNAL OF THE HOUSE

SECTION 1. Code Section 36-91-2 of the Official Code of Georgia Annotated, relating to definitions relative to public works construction projects, is amended by revising paragraph (12) as follows:
"(12) 'Public works construction' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32 or by Chapter 37 of Title 50. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property, or any energy savings performance contract or any improvements or installations performed as part of an energy savings performance contract."
SECTION 2. Chapter 37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed energy savings performance contracts, is amended by revising paragraph (6) of Code Section 50-37-2, relating to definitions relative to guaranteed energy savings performance contracts, as follows:
"(6) 'Governmental unit' means any officer, employee, authority, board, bureau, commission, department, agency, or institution of a state or local 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, consolidated government, or 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."
SECTION 3. Said chapter is further amended by revising Code Section 50-37-3, relating to governmental units entering into guaranteed energy savings performance contracts, as follows:
"50-37-3. (a) A Where not otherwise authorized by another provision of general law or local Act, a governmental unit may enter into a guaranteed energy savings performance contract with a qualified provider in accordance with the provisions of this chapter. The provisions of this chapter shall apply only to contracts entered into by a governmental unit pursuant to the authority granted by 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,

MONDAY, MARCH 5, 2012

1989

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 Reserved. (c) Selection of qualified energy services provider. The When a governmental unit is acting pursuant to the power granted by this chapter and not under any otherwise applicable law, the process of implementing guaranteed energy savings performance contracts for governmental units shall include be subject to the following:
"(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 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 services providers shall be three years. The director shall again assemble a may add additional qualified energy services providers to the list of prequalified qualified energy service services providers every three years from the commencement of each at any time during the prequalification term. A qualified energy services provider may be removed from the list upon a determination by the director that said qualified energy services 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 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

1990

JOURNAL OF THE HOUSE

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 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."
SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 50-37-4, relating to guaranteed energy savings contracts provisions, as follows:
"(g) Reporting. Upon execution of a guaranteed energy savings performance contract that reduces the governmental unit's annual electric usage by more than 100 megawatt hours, 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."
SECTION 5. Said chapter is further amended by revising Code Section 50-37-6, relating to review of capital improvement projects, as follows:
"50-37-6. Every governmental unit state agency 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."

MONDAY, MARCH 5, 2012

1991

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce
Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton
Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley
Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

1992

JOURNAL OF THE HOUSE

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

HB 808. By Representatives Yates of the 73rd, Collins of the 27th, Black of the 174th, Holcomb of the 82nd, Hatchett of the 143rd and others:

A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide for an exclusion applicable to certain income of certain disabled veterans; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson
Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton
Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G
Manning Y Marin Y Martin

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts
Rogers, C Y Rogers, T Y Rynders Y Scott, M

E Shaw Y Sheldon N Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R
Williamson

MONDAY, MARCH 5, 2012

1993

Y Cooper Y Crawford

Y Hatfield Y Heard

Y Maxwell Y Mayo

Y Scott, S Y Setzler

Y Yates Ralston, Speaker

On the passage of the Bill, the ayes were 160, nays 1.

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

Representative Sims of the 119th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 977. By Representatives Golick of the 34th, Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Ramsey of the 72nd and others:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for dedication of certain existing fees and assessments for the purpose of funding legal services for indigent persons accused of crimes and delinquent acts; to provide that such funds shall not be subject to lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

The following Committee substitute was read:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for dedication of certain existing fees and assessments for the purpose of funding legal services for indigent persons accused of crimes and delinquent acts; to provide that such funds shall not be subject to lapse; 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 (o) to read as follows:
"(o) The General Assembly may provide by general law that certain existing fees and assessments be dedicated for the purpose of funding legal services for indigent persons accused of crimes and delinquent acts. Revenues dedicated pursuant to this subparagraph shall not lapse as 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."

1994

JOURNAL OF THE HOUSE

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by law that certain EXISTING fees and assessments be dedicated for funding legal services for indigent persons accused of crimes and delinquent acts in compliance with the United States Constitution?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read and adopted:

Representative Golick of the 34th et al. offer the following amendment:

Amend the House Committee on Judiciary Non-civil substitute to HR 977 (LC 29 5071S) by deleting "to provide that such funds shall not be subject to lapse;" from lines 3 and 4.

By deleting "shall not lapse as required by Article III, Section IX, Paragraph IV(c) and" from line 13.

The Committee substitute, as amended, was adopted.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton

Y Davis E Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R

MONDAY, MARCH 5, 2012

1995

Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan
Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson N Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 164, nays 1.

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

HB 648. By Representatives Golick of the 34th, Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Ramsey of the 72nd and others:

A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to change certain provisions so that certain fees and assessments are dedicated to funding legal services for indigent persons accused of crimes and delinquent acts; to change provisions relating to the budget of the council; to provide a contingent effective date; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams

Y Davis

Y Heckstall

E Dawkins-Haigler Y Hembree

Y McBrayer Y McCall

E Shaw Y Sheldon

1996

JOURNAL OF THE HOUSE

Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson N Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 167, nays 1.

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

HB 1102. By Representatives Smith of the 70th, Stephens of the 164th, Knight of the 126th, Manning of the 32nd, McCall of the 30th and others:

A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; to repeal conflicting laws; and for other purposes.

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

MONDAY, MARCH 5, 2012

1997

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

Y Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

N Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser
Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 162, nays 1.

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

HB 871. By Representatives Battles of the 15th, Coomer of the 14th, Meadows of the 5th and Powell of the 171st:

A BILL to be entitled an Act to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; to provide for an effective date; to repeal conflicting laws; and for other purposes.

1998

JOURNAL OF THE HOUSE

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

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

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner N Burns N Byrd Y Carson Y Carter N Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper Y Crawford

Y Davis E Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs N Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M N Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin N Martin N Maxwell Y Mayo

Y McBrayer N McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey Y Randall Y Reece N Rice Y Riley N Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 149, nays 16.

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

HB 991. By Representatives Maddox of the 127th, Baker of the 78th and Talton of the 145th:

A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions

MONDAY, MARCH 5, 2012

1999

relative to sheriffs, so as to change provisions relating to how vacancies are filled; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to change provisions relating to how vacancies are filled; 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 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, is amended by revising Code Section 15-16-8, relating to how vacancies are filled, as follows:
"15-16-8. (a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of this Code section by the chief deputy sheriff if a chief deputy has been appointed. In any county in which a chief deputy sheriff has not been appointed, the probate judge shall, within three days of the vacancy, appoint a qualified person to serve as the interim sheriff.
(b)(1) In case there is a failure to appoint, as set forth in Code Section 15-6-54, the coroner of the county shall act as sheriff. If there is no coroner, the sheriff of any adjoining county is authorized to act as sheriff until the judge of the probate court makes the appointment or an election is held. If less than six months of the sheriff's term of office remains at the time the vacancy occurs, the chief deputy sheriff or the interim sheriff, as the case may be, shall hold office for the unexpired term of the sheriff. (2) If more than six months of the sheriff's term of office remains at the time the vacancy occurs, the election superintendent for the county shall call a special election to fill such vacancy. Such official shall give notice in one or more of the public newspapers of the county, if any; in the official legal organ of the county; at the courthouse; and at three or more of the most public places of the county at least 30 days prior to the date of such special election. Such special election shall be held at the next available special election date provided in Code Section 21-2-540 that is at least 60 days after the date the vacancy occurred. The person elected at such special

2000

JOURNAL OF THE HOUSE

election shall hold office for the unexpired term. The election shall be conducted in accordance with Chapter 2 of Title 21. (c) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacant upon certification by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of the county that the certification required to be a peace officer has been revoked for the sheriff of said county. Such vacancy shall be filled as provided in this Code section."

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

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

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 Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer

Y Davis E Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd
Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M Y Harrell Y Hatchett

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J N Pruett
Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M

E Shaw Y Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson

MONDAY, MARCH 5, 2012

2001

Y Cooper Y Crawford

Y Hatfield Y Heard

Y Maxwell Mayo

Y Scott, S Y Setzler

Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 1.

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

Representative Dickerson of the 95th 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 997. By Representatives Pak of the 102nd, Atwood of the 179th, Tankersley of the 158th, Hightower of the 68th, Cooke of the 18th 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 provide for the new crime of false lien statements against public officers or public employees; to provide for definitions; to provide for penalties; to provide a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson
Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner

Y Davis E Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A

E Shaw Sheldon
Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas

2002

JOURNAL OF THE HOUSE

Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

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

Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 160, nays 3.

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

Representative Neal of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1069. By Representatives Weldon of the 3rd, Harden of the 147th, Holt of the 112th, Dollar of the 45th, Taylor of the 79th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; 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 BE ENTITLED AN ACT

To amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; to revise a requirement relating to a seal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 5, 2012

2003

SECTION 1. Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, is amended by revising paragraph (38.5) of Code Section 26-4-5, relating to definitions, as follows:
"(38.5) 'Security paper' means: (A) A a prescription pad or paper that has been approved by the board for use and contains the following characteristics: (A)(i) One or more industry recognized features designed to prevent unauthorized copying of a completed or blank prescription form; (B)(ii) One or more industry recognized features designed to prevent the erasure or modification of information written on the prescription form by the practitioner; and (C)(iii) One or more industry recognized features designed to prevent the use of counterfeit prescription forms. Where security paper is in the form of a prescription pad, each pad shall bear an identifying lot number, and each piece of paper in the pad shall be numbered sequentially beginning with the number one; or (B) A prescription pad or paper that has been approved by the Centers for Medicare and Medicaid Services."
SECTION 2. Said article is further amended by revising subsections (c) and (f) of Code Section 26-480.1, relating to the use of security paper for hard copy prescription drug orders, as follows:
"(c) If a hard copy of an electronic data prescription drug order for any Schedule II controlled substance is given directly to the patient, the manually signed hard copy prescription drug order must be on approved security paper approved by the board that meets the requirements of subparagraph (A) of paragraph (38.5) of Code Section 26-4-5 or security paper that meets the requirements of subparagraph (B) of paragraph (38.5) of Code Section 26-4-5." "(f) The board shall create a seal of approval that confirms that security paper contains all three industry recognized characteristics required by subparagraph (A) of paragraph (38.5) of Code Section 26-4-5. The seal shall be affixed to all security paper used in this state; provided, however, that security paper which meets the requirements of subparagraph (B) of paragraph (38.5) of Code Section 26-4-5 shall not be required to have such affixed seal."
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.

2004

JOURNAL OF THE HOUSE

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

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis E Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd
Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer
Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

MONDAY, MARCH 5, 2012

2005

HB 1024. By Representatives Rice of the 51st and Harrell of the 106th:

A BILL to be entitled an Act to amend an Act providing for a budget commission in certain counties based upon classification by population, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, so as to revise and change the population and census application; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams
Allison Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis E Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd
Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning
Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver
O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J
Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T
Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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On the passage of the Bill, the ayes were 160, nays 0.

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

HB 928. By Representatives Riley of the 50th, Greene of the 149th, Maddox of the 172nd, Wilkerson of the 33rd, Anderson of the 117th and others:

A BILL to be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that the board of trustees of such fund shall be authorized to employ a hearing officer; to provide for dispute resolution; to provide for powers and duties of the hearing officer; to provide for hearings; to provide for a record of hearings; to provide for judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague
Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A

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2007

Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 987. By Representatives Riley of the 50th and Maxwell of the 17th:

A BILL to be entitled an Act to amend Article 7 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that a member of the fund who ceases to be employed as a peace officer shall have a duty to so notify the retirement fund immediately; to provide for a cessation of membership; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton
Gardner Y Geisinger Y Golick

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E
Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch

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Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S
Setzler

Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 163, nays 0.

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

HB 945. By Representatives Teasley of the 38th, Morris of the 155th, Williamson of the 111th, Dutton of the 166th, Dawkins-Haigler of the 93rd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the issuance of non-cash valued shares by a bank or trust company with approval from the Department of Banking and Finance; to provide for the issuance of dividends from sources other than retained earnings with prior approval from the department; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood
Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs N James Y Jasperse Y Jerguson

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak N Parent Y Parrish

E Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R

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2009

Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

E Floyd N Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell Y Mayo

Y Parsons Y Peake Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson N Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 154, nays 11.

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

HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VIII, Section VI, Paragraph IV of the Constitution is amended by revising subparagraph (g) as follows:

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"(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time equivalent count prior to the referendum on imposing the tax."

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 to assure that any one cent sales and use tax for educational purposes is distributed equally to a
( ) NO school system on a per student basis?"
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 Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce Y Bryant Y Buckner

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A

Y Shaw Y Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas

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2011

Y Burns Byrd
Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins N Cooke Y Coomer Y Cooper Y Crawford

Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall
Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 732. By Representatives McBrayer of the 153rd, Yates of the 73rd, Collins of the 27th, Rice of the 51st, Setzler of the 35th and others:

A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide that temporary plates or "drive-out tags" may be issued for trailers; to provide that temporary transporter plates issued to motor vehicles may also be issued for the temporary transport of trailers; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to allow for veterans deemed partially disabled to qualify for a free license plate and annual revalidation decal; to include persons still serving in the armed services; to provide for images to disabled veterans license plates; to add veterans who served in certain wars; to provide for special license plates for veterans and service members awarded certain distinguished service medals; to provide for license plates to promote

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prostate cancer awareness; to provide for procedures; to provide that persons issued special license plates as certified firefighters shall be exempt from paying an annual special license plate renewal fee; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by revising Code Section 40-2-38.1, relating to transporter license plate, as follows:
"40-2-38.1. (a) A person engaged in the business of the limited operation of a motor vehicle or trailer for any of the following purposes may obtain a transporter plate authorizing the movement of the vehicle for the specific purpose:
(1) To facilitate the delivery of new or used motor vehicles, trucks, trailers, or buses between manufacturers, distributors, dealers, sellers, or purchasers; (2) To move a mobile office, a mobile classroom, a mobile or manufactured home, or a house trailer; (3) To drive a motor vehicle or pull a trailer that is part of the inventory of a dealer to and from a motor vehicle or trailer trade show or exhibition or to, during, and from a parade in which the motor vehicle or trailer is used; or (4) To drive special mobile equipment in any of the following circumstances:
(A) From the manufacturer of the equipment to a facility of a dealer; or (B) From one facility of a dealer to another facility of a dealer. (b) This Code section shall not be construed to require a motor vehicle or trailer dealer to obtain transporter plates in order to transport vehicles for sale or lease. (c) A person may obtain a transporter plate by filing an application with the Department of Revenue and paying the required fee. The fee for an initial transporter plate shall be $62.00 and the fee for all additional plates shall be $12.00. An application for a transporter plate must be on a form provided by the department and must contain the information required by the department. The department is authorized to promulgate regulations consistent with this Code section. (d) Transporter plates issued under this Code section shall be distinguishable from dealer, wholesaler, manufacturer, or distributor plates, as provided for in Code Section 40-2-38. (e) During the year for which it is issued, a person may transfer a transporter plate from one vehicle to another so long as the vehicle is driven or pulled only for a purpose authorized by subsection (a) of this Code section. In order to obtain a transporter plate, an applicant must demonstrate to the department compliance with all applicable federal and state laws. (f) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that an applicant has unlawfully used

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2013

such license plates for purposes other than those expressly permitted by this Code section. (g) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency. (h) This Code section shall not in any way apply to farm tractors.
(i)(1) The expiration of a license plate issued pursuant to this Code section shall be the last day of the registration period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of this subsection, the registration period shall be determined by the first letter of the legal name of the business listed on the application for registration or renewal of registration. An application for renewal of registration shall not be submitted earlier than 90 days prior to the last day of the registration period. A penalty of 25 percent of the total registration fees due shall be assessed any person registering pursuant to this Code section who, prior to the expiration of such person's registration period, fails to apply for renewal or if having applied fails to pay the required fees. (2) A transition period shall commence on October 1, 2007, and conclude on December 31, 2007, for all existing registrations and any new registration applications presented prior to January 1, 2008. On or after January 1, 2008, new applications for registration shall be submitted and remain valid until the expiration of such registration as specified in paragraph (1) of this subsection. (j) The commissioner shall adopt rules and regulations for the implementation of this Code section."
SECTION 2. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by revising Code Section 40-2-70, relating to free license plates and revalidation decals for disabled veterans, as follows:
"40-2-70. (a) Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable or who is currently serving in the armed forces, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of

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whether he or she is suffering from a service connected or nonservice connected disability. (b) Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and without payment of the regular license fee for plates as prescribed under Article 7 of this chapter, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. There shall be no charge for revalidation decals for such plates. (c) If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the state revenue commissioner indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 3. Said article is further amended by revising Code Section 40-2-71, relating to design of disabled veteran plates and restrictions on issuance and transfer, as follows:
"40-2-71. (a) The commissioner is directed to furnish the license plates provided for in Code Sections 40-2-69 and 40-2-70. Such plates shall be printed in three colors: red, white, and blue. The commissioner is authorized and directed to design the license plate. Each plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, and either the words 'Disabled Veteran' or 'Disabled Vet.' Vet,' and an image of the International Symbol of Access which is at least one inch in height and is white on a blue background. (b) Such license plates so issued shall be transferred to another vehicle as provided in Code Section 40-2-80. (c) No disabled veteran shall be entitled to own or operate more than one vehicle with the free license plates provided by Code Sections 40-2-69, 40-2-70, and this Code section."
SECTION 4. Said article is further amended by revising subsection (a) of Code Section 40-2-84, relating to the issuance of license plates to veterans awarded Purple Hearts, as follows:
"(a)(1) Motor vehicle or motorcycle owners who are veterans of the armed forces of the United States who have been awarded the Purple Heart citation shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car,

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2015

motorcycle, trailer, or truck used for personal transportation, provided that the requisite number of applications are is received by the commissioner as provided in subsection (b) of this Code section. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2) For purposes of this Code section, the term 'veteran' shall include a member of the armed forces or reserves who is still serving on active duty after being awarded the Purple Heart citation."
SECTION 5. Said article is further amended by revising Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows:
"40-2-85.1. (a) For purposes of this Code section, the term:
(1) 'Military medal award' means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military:
(A) Medal of Honor; (B) Bronze Star Medal; (C) Silver Star Medal; (D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal; (J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal; (M) Defense Superior Service Medal; (N) Legion of Merit; (O) Distinguished Flying Cross; (P) Purple Heart; and (Q) Air Medal. (2) 'Served during active military combat' means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom. (b)(1) Motor vehicle and trailer owners who are retired veterans of the armed forces of the United States, or who have received a military medal award, or persons who served during active military combat World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and

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distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Eligibility to receive a special and distinctive vehicle license plate for persons who are no longer serving in the United States military shall be conditioned on such person having been discharged from military service under honorable conditions. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(2)(A) Motor vehicle and trailer owners who retired from active duty with the armed forces of the United States or have received a military medal award or served during active military combat shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veteran's license plate, military medal award recipient license plate, or commemorative service license plate for service during active military combat. One such retired veteran's license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each retired member or former member of the armed forces listed in subsection (b) of this Code section shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (b)(c) The commissioner shall design a retired veteran's license plate, a military medal award recipient license plate, and or a distinctive license plate to commemorate service by with the United States armed forces in wars during active military combat listed in subsection (a) of this Code section. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, and trucks, and trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c)(d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, and trucks, and trailers used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States, or recipients of a military medal award, or persons who served during active military combat World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm and shall additionally, for such plates manufactured after July 1, 2001, identify distinctly the

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owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard. (d)(e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who received a military medal award or who served during active military combat World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. (e)(f) Special license plates issued under this Code section, except as provided in subparagraph (a)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 6. Said article is further amended by revising paragraph (2) of subsection (a) and by adding a new paragraph to subsection (m) of Code Section 40-2-86, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, to read as follows:
"(2) In accordance with Article III, Section IX, Paragraph VI(n) of the Constitution, the General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Any new special license plates adopted on or after July 1, 2010, that share a portion of the revenue raised with any agency, fund, nonprofit organization, or other similar entity shall allocate the revenue in accordance with the formula contained in subsection (l) of this Code section." "(10) A special license plate to support prostate cancer related awareness and research programs. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $35.00 special license plate fee or special license plate renewal fee charged for the issuance and renewal of prostate cancer license plates authorized under this paragraph, $13.00 shall be deposited in the general fund and $22.00 shall be disbursed to the Georgia Prostate Cancer Coalition to fund prostate cancer awareness, research, screening, and treatment related programs."

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SECTION 7. Said article is further amended by revising subsection (d) of Code Section 40-2-86.1, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, as follows:
"(d) Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 and a special license plate fee of $35.00, in addition to the regular motor vehicle registration fee, shall be able to apply for a special license plate listed in subsection (l) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates, with the addition of a $35.00 special license plate renewal fee, provided that special license plates issued pursuant to paragraph (9) of subsection (l) of this Code section shall be exempt from such special license plate renewal fee."

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson
Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England
Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey

Y Shaw Y Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch

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2019

Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 1.

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

HB 931. By Representatives Shaw of the 176th, Meadows of the 5th, Jasperse of the 12th, Smith of the 131st, Maxwell of the 17th 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 update this state's domestic farmers' mutual fire insurance companies provisions; to provide that the companies are organized for the purpose of insuring property; to provide for minimum surplus requirements for the issuance of a certificate of authority; to provide that certain changes to a plan of operation require filing and approval by the Commissioner; to provide for bylaw amendment at least 30 days prior to adoption; to provide for minimum surplus requirements; to provide for limitations on amount that may be retained on any subject of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y

Y Shaw Y Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer

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Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 896. By Representatives Coleman of the 97th, Casas of the 103rd, Dudgeon of the 24th, Dickson of the 6th, Carter of the 175th and others:

A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes.

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

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 Davis Y Dawkins-Haigler Y Dempsey E Dickerson

Y Heckstall Y Hembree Y Henson Y Hightower

Y McBrayer Y McCall Y McKillip Y Meadows

Y Shaw Y Sheldon Y Sims, B
Sims, C

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2021

Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks
Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins N Cooke Y Coomer Y Cooper Y Crawford

Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans E Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall
Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 164, nays 1.

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

The Speaker announced the House in recess until 2:00 o'clock, this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.

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

Mr. Speaker:

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

HB 534 Do Pass, by Substitute HB 861 Do Pass, by Substitute HB 1132 Do Pass, by Substitute

HB 748 Do Pass, by Substitute HB 1089 Do Pass HB 1198 Do Pass, by Substitute

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

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

HR 1678. By Representatives James of the 135th and Williams of the 165th:

A RESOLUTION commending Curtis Lee Atkinson and inviting him to be recognized by the House of Representatives; and for other purposes.

HR 1679. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:

A RESOLUTION commending Dr. Beverly A. Scott and inviting her to be recognized by the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1680. By Representative Smith of the 70th:

A RESOLUTION recognizing and commending Ms. Barbara Landreth; and for other purposes.

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2023

HR 1681. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending the 94th birthday of Ms. Adele Mercier; and for other purposes.
HR 1682. By Representatives O`Neal of the 146th, Talton of the 145th and Harden of the 147th:
A RESOLUTION recognizing and commending Major General Robert McMahon on the occasion of his retirement; and for other purposes.
HR 1683. By Representatives Lindsey of the 54th, Ashe of the 56th and Gardner of the 57th:
A RESOLUTION recognizing and commending Ms. Evonne Yancey on the occasion of her retirement; and for other purposes.
HR 1684. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Coach Gary Varner; and for other purposes.
HR 1685. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Mr. Richard McKee on being named the Acworth Middle School 2011-2012 Teacher of the Year; and for other purposes.
HR 1686. By Representative Setzler of the 35th:
A RESOLUTION recognizing and commending Coy J. Dunn, Jr., Kennesaw Mountain High School 2011-2012 Teacher of the Year and Cobb County 2011-2012 Teacher of the Year; and for other purposes.
HR 1687. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending the Luther Judson Price Middle School football team on their 2011 Atlanta Public Schools Middle School Football Championship; and for other purposes.
HR 1688. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Helene S. Mills; and for other purposes.

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HR 1689. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Chairman Eldrin Bell; and for other purposes.
HR 1690. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Reverend Timothy McDonald III; and for other purposes.
HR 1691. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Vernell Mosley; and for other purposes.
HR 1692. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Geri Chatmon; and for other purposes.
HR 1693. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Ruthie Garrett Walls; and for other purposes.
HR 1694. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Mr. Arthur Queen; and for other purposes.
HR 1695. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:
A RESOLUTION recognizing and commending Ms. Deborah Mack; and for other purposes.
HR 1696. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Stephenson of the 92nd and Dawkins-Haigler of the 93rd:
A RESOLUTION recognizing and commending Dr. Sherry Blake; and for other purposes.

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2025

HR 1697. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:
A RESOLUTION recognizing and commending Dr. Pauline Knight-Ofosu; and for other purposes.
HR 1698. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Jones of the 44th and Stephenson of the 92nd:
A RESOLUTION recognizing and commending Representative Nikki Randall; and for other purposes.
HR 1699. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Stephenson of the 92nd and Dawkins-Haigler of the 93rd:
A RESOLUTION recognizing and commending the Honorable Georgia Montgomery Davis Powers; and for other purposes.
HR 1701. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Brooks of the 63rd and Taylor of the 55th:
A RESOLUTION recognizing and commending Ms. Dana Lemon; and for other purposes.
HR 1702. By Representatives Beasley-Teague of the 65th, Jones of the 44th, Dickerson of the 95th, Kendrick of the 94th, Dawkins-Haigler of the 93rd and others:
A RESOLUTION recognizing and commending Ms. Sherry Rochelle Hopkins; and for other purposes.
HR 1703. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Jones of the 44th, Dawkins-Haigler of the 93rd and others:
A RESOLUTION recognizing and commending Representative Sharon Cooper; and for other purposes.
HR 1704. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:

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A RESOLUTION honoring Marcia Anderson on the occasion of her promotion to Major General in the United States Army; and for other purposes.
HR 1705. By Representatives Beasley-Teague of the 65th, Dickerson of the 95th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Brooks of the 63rd and others:
A RESOLUTION recognizing and commending Ms. Angie Bates; and for other purposes.
HR 1706. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Randall of the 138th, Abrams of the 84th, Parrish of the 156th and others:
A RESOLUTION recognizing and commending the Honorable William C. Randall; and for other purposes.
HR 1707. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:
A RESOLUTION honoring the life and memory of the Honorable Grace Wilkerson Davis; and for other purposes.
HR 1708. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:
A RESOLUTION recognizing and commending Ms. Janulyn Yvette Lennon; and for other purposes.
HR 1709. By Representatives Beasley-Teague of the 65th, Kendrick of the 94th, Dickerson of the 95th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:
A RESOLUTION honoring the life and memory of the Honorable Betty Jean Clark; and for other purposes.
HR 1710. By Representatives Brooks of the 63rd, Smyre of the 132nd, Stephenson of the 92nd, Beasley-Teague of the 65th and Bruce of the 64th:
A RESOLUTION honoring the life and memory of Mr. James E. Young; and for other purposes.

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2027

HR 1711. By Representatives Dudgeon of the 24th, Cooper of the 41st, Gardner of the 57th and Harden of the 28th:
A RESOLUTION recognizing March 7, 2012, as Amyotrophic Lateral Sclerosis Awareness Day at the capitol; and for other purposes.
HR 1712. By Representative Hembree of the 67th:
A RESOLUTION recognizing and commending the Douglas County Chamber Singers on the occasion of their tenth anniversary celebration; and for other purposes.
HR 1713. By Representatives Yates of the 73rd, England of the 108th, Black of the 174th, Collins of the 27th, Smith of the 168th and others:
A RESOLUTION recognizing the Veterans Remembered Flag; and for other purposes.
HR 1714. By Representatives Taylor of the 79th, Parent of the 81st and Jacobs of the 80th:
A RESOLUTION recognizing and commending Mr. Robert Wittenstein; and for other purposes.
HR 1715. By Representatives Taylor of the 79th, Jacobs of the 80th and Riley of the 50th:
A RESOLUTION recognizing and commending Mr. Danny Ross; and for other purposes.
HR 1716. By Representatives Taylor of the 79th, Parent of the 81st and Jacobs of the 80th:
A RESOLUTION recognizing and commending Mr. Ken Wright; and for other purposes.
HR 1717. By Representatives Johnson of the 37th, Heard of the 114th, Cooper of the 41st, Hugley of the 133rd, Wilkerson of the 33rd and others:
A RESOLUTION recognizing and commending ViaCyte; and for other purposes.

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HR 1718. By Representatives Holcomb of the 82nd and Parent of the 81st:
A RESOLUTION commending the Northlake Community Alliance, Inc.; and for other purposes.
HR 1719. By Representatives McCall of the 30th, Burns of the 157th and England of the 108th:
A RESOLUTION commending the Georgia peanut industry and recognizing March 6, 2012, as Peanut Butter and Jelly Day at the capitol; and for other purposes.
HR 1720. By Representatives Smith of the 131st and Meadows of the 5th:
A RESOLUTION recognizing and commending Blue Cross and Blue Shield of Georgia on the occasion of its 75th anniversary; and for other purposes.
HR 1721. By Representative Channell of the 116th:
A RESOLUTION recognizing and commending Dr. William H. Rhodes, Jr.; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 916. By Representatives Knight of the 126th, England of the 108th, McCall of the 30th, Roberts of the 154th and Buckner of the 130th:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain qualifications and restrictions regarding covenants; to provide for exceptions; to provide for a definition; 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 BE ENTITLED AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain qualifications and restrictions

MONDAY, MARCH 5, 2012

2029

regarding covenants; to provide for exceptions; to provide for a definition; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by revising subsections (a), (b), and (i) as follows:
"(a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) and paragraph (3) of this subsection, as follows:
(1) Not more than 2,000 acres of tangible real property of a single person, the primary purpose of which is any good faith production, including but not limited to subsistence farming or commercial production, from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property; (A.1) In the application of the limitation contained in the introductory language of this paragraph, the following rules shall apply to determine beneficial interests in bona fide conservation use property held in a family owned farm entity as described in division (1)(C)(iv) of this subsection:
(i) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection shall be considered to own only the percent of the bona fide conservation use property held by such family owned farm entity that is equal to the percent interest owned by such person in such family owned farm entity; and (ii) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused portion of such person's 2,000 acre limitation or the product of such person's percent interest in the family owned farm entity times the total number of acres owned by the family owned farm entity subject to such bona fide conservation use assessment, with the result that the family owned farm entity may receive bona fide conservation use assessment on more than 2,000 acres; (B) Such property excludes the entire value of any residence located on the and its underlying property; as used in this subparagraph, the term 'underlying property' means the minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. This provision for excluding the underlying property of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to a covenant or is subject to the renewal of a previous covenant on or after the effective date of this subparagraph;

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(C) Except as otherwise provided in division (vii) of this subparagraph, such property must be owned by:
(i) One or more natural or naturalized citizens; (ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens; (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; (iv) A family owned farm entity, such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company, all of the interest of which is owned by one or more natural or naturalized citizens related to each other by blood or marriage within the fourth degree of civil reckoning, except that, solely with respect to a family limited partnership, a corporation, limited partnership, limited corporation, or limited liability company may serve as a general partner of the family limited partnership and hold no more than a 5 percent interest in such family limited partnership, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to past or future bona fide conservation uses, within this state within the year immediately preceding the year in which eligibility is sought; provided, however, that in the case of a newly formed family farm entity, an estimate of the income of such entity may be used to determine its eligibility; (v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; (vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501(c)(7) of the Internal Revenue Code; or (vii) In the case of constructed storm-water wetlands, any person may own such property; (D) Factors which may be considered in determining if such property is qualified may include, but not be limited to: (i) The nature of the terrain; (ii) The density of the marketable product on the land; (iii) The past usage of the land; (iv) The economic merchantability of the agricultural product; and (v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and (E) Such property shall, if otherwise qualified, include, but not be limited to, property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock or poultry;

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(iii) Producing plants, trees, fowl, or animals, including without limitation the production of fish or wildlife by maintaining not less than ten acres of wildlife habitat either in its natural state or under management, which shall be deemed a type of agriculture; provided, however, that no form of commercial fishing or fish production shall be considered a type of agriculture; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; or (2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition or controlling or abating pollution of surface or ground waters of this state by storm-water runoff or otherwise enhancing the water quality of surface or ground waters of this state and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection: (A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area; (B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program; (C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources; (D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended; (E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Species Act of 1973, as amended; (F) River or stream corridors or buffers which shall be defined as those undeveloped lands which are: (i) Adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency; or (ii) Within buffer zones adjacent to rivers or perennial streams, which buffer zones are established by law or local ordinance and within which land-disturbing activity is prohibited; or

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(G)(i) Constructed storm-water wetlands of the free-water surface type certified by the Department of Natural Resources under subsection (k) of Code Section 122-4 and approved for such use by the local governing authority. (ii) No property shall maintain its eligibility for current use assessment as a bona fide conservation use property as defined in this subparagraph unless the owner of such property files an annual inspection report from a licensed professional engineer certifying that as of the date of such report the property is being maintained in a proper state of repair so as to accomplish the objectives for which it was designed. Such inspection report and certification shall be filed with the county board of tax assessors on or before the last day for filing ad valorem tax returns in the county for each tax year for which such assessment is sought; and. (3) The governing authority of a county in which the property that otherwise meets the requirements for current use assessment is located may establish a minimum number of acres as a condition for qualifying for the current use assessment. Such minimum shall be up to 25 acres and shall apply exclusively to qualified property that is first made subject to a covenant required by subsection (d) of this Code section or is subject to the renewal of a previous covenant required by subsection (d) of this Code section on or after January 1, 2012." "(b) Except in the case of the underlying portion of a tract of real property on which is actually located a constructed storm-water wetlands, the following additional rules shall apply to the qualification of conservation use property for current use assessment: (1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business; (2) The owner of a tract, lot, or parcel of land totaling less than ten 25 acres shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use for qualified property that on or after the effective date of this paragraph is either first made subject to a covenant or is subject to a renewal of a previous covenant. If the owner of the subject property provides proof that such owner has filed with the Internal Revenue Service a Schedule E, reporting farm related income or loss, or a Schedule F, with Form 1040, or, if applicable, a Form 4835, pertaining to such property, the provisions of this paragraph, requiring additional relevant records regarding proof of bona fide conservation use, shall not apply to such property. Prior to a denial of eligibility under this paragraph, the tax assessor shall conduct and provide proof of a visual on-site inspection of the property; (3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax

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year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; (4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment; (5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for the specific purpose described in subparagraph (a)(1)(E) of this Code section for which bona fide conservation use qualification is sought; and (6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board." "(i)(1) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(2)(A) As used in this paragraph, the term 'contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (B) If a qualified owner has entered into an original bona fide conservation use covenant and subsequently acquires additional qualified property contiguous to the property in the original covenant, the qualified owner may elect to enter the subsequently acquired qualified property into the original covenant for the remainder of the ten-year period of the original covenant; provided, however, that such subsequently acquired qualified property shall be less than 50 acres."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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 Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler
Dempsey Y Dickerson Y Dickey Y Dickson
Dobbs Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes N Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders
Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson 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.

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.

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Representatives Dempsey of the 13th, Dobbs of the 53rd, and Hatfield of the 177th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HR 1177. By Representatives Williams of the 113th and Channell of the 116th:
A RESOLUTION recognizing United States military veterans and dedicating a highway in their honor; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, 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, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and
WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and
WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and
WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.
PART II WHEREAS, Herman E. Black was highly regarded by the citizens of the City of Gray and by local government officials as a person of substance; and
WHEREAS, he was the son of William and Maggie Black, both pillars of the community; and

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WHEREAS, he spent 76 years of his life as a citizen of Jones County; and
WHEREAS, he was the father of four children, a husband, and a friend; and
WHEREAS, he gave a lifetime of service and commitment to his community by serving on the Jones County Board of Equalization, was a founding member of the Jones County Men's Club, and was a member of the Optimist Club; and
WHEREAS, it is fitting and proper to dedicate State Route 22 in the City of Gray from the eastern city limit to its intersection with State Route 11 as the Herman E. Black Memorial Highway as an appropriate tribute to this outstanding Georgian.
PART III WHEREAS, Sgt. Carlton "Dan" Jenkins was shot and killed after making a traffic stop of a robbery suspect on I-95 shortly after midnight on August 28, 2000; and
WHEREAS, Sgt. Jenkins had been with the Camden County Sheriff's Department for 7 years, and had been in law enforcement for 11 years; and
WHEREAS, the Camden County Sheriff's Department named him Officer of the Year in 1999; and
WHEREAS, in August of 2010, the 28th of August was declared to be Sergeant Carlton Daniel Jenkins Day in Camden County; and
WHEREAS, he is survived by his wife and five children; and
WHEREAS, it is only fitting and proper that a permanent memorial to this outstanding officer's life and service be established by dedicating an interchange on I-95 in his honor.
PART IV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. J. Dixon Hays on November 21, 2010; and
WHEREAS, Mr. Hays was born in Mansfield, Georgia, a beloved son of the late James Dixon and Ruth Ewing Hays; and
WHEREAS, a dairy farmer in Newton County for 50 years, Mr. Hays served on the boards of the Newton County Dairy Association, Newton County Farm Bureau, and Gold Kist Co-op and earned the Atlanta Farmers Club's Distinguished Agri-Business Leader Award in 1982; and

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WHEREAS, Mr. Hays was an active community leader, serving on the Newton Medical Center Authority for 32 years, the Snapping Shoals Electric Trust Board for 13 years, and treasurer and board member of the Mansfield Community Center; and
WHEREAS, a man of deep and abiding faith, Mr. Hays was a lifelong member of Luther Hays Presbyterian Church where he served as an elder and treasurer for 26 years; and
WHEREAS, Mr. Hays was united in love and marriage for 59 wonderful years to Marilyn Harris Hays and was blessed with the adoration and support of his children, Melinda and Jim Lord and Julius and Jamie Hays; and
WHEREAS, he was the proud grandfather of Jennifer Lord and Eric Wilson, Mary Beth Lord and Rich Zamor, Rebecca Lord, and Jessie Hays; and
WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, a compassionate and generous man, Mr. Hays will long be remembered for his love of family and friendship, and this loyal husband, father, grandfather, and friend will be missed by all who had the great fortune of knowing him.
PART V WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of the Honorable Jimmie Hodge Timmons, Jr., on April 5, 2011; and
WHEREAS, Mr. Timmons was born on June 11, 1939, in Edison, Georgia, a beloved son of Lucille Daniels Timmons and Jimmie Hodge "Red" Timmons, Sr.; and
WHEREAS, a graduate of Damascus High School, Mr. Timmons earned an associate's degree from Abraham Baldwin Agricultural College, a bachelor's degree from the University of Georgia, a master's degree from Auburn University, and a specialist's degree from the University of Georgia; and
WHEREAS, Mr. Timmons served as an esteemed member of the Georgia State Senate from 1974 to 1992, adeptly representing the citizens of Senate District 11 and earning the respect and admiration of his colleagues; and

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WHEREAS, a distinguished educator for 40 years, Mr. Timmons served as an agriculture teacher at Bainbridge High School, principal of Damascus Elementary School, principal and Title I coordinator in the Calhoun County School System, and superintendent of the Calhoun County School System; and
WHEREAS, he was an active member of Arlington Baptist Church, the Demosthenian Literary Society of the University of Georgia, and the Calhoun Rifles Sons of Confederate Veterans Edison-Calhoun County; and
WHEREAS, Mr. Timmon's leadership and guidance were instrumental during his service as president of the Abraham Baldwin Agricultural College Alumni Association and president and secretary of the Arlington and Edison's Lions Clubs; and
WHEREAS, he was united in love and marriage to "his honey," Lorraine Kavakos Timmons, and was blessed with four remarkable stepchildren, Tommy, Laura, Bill, and Glynda, and two wonderful grandchildren, Will and Marin; and
WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and
WHEREAS, a compassionate and generous man, Mr. Timmons will long be remembered for his love of family and friendship, and this loyal brother, husband, stepfather, grandfather, and friend will be missed by all who had the great fortune of knowing him.
PART VI WHEREAS, Mr. Clarence Williams, Sr., has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the University of Georgia Cooperative Extension; and
WHEREAS, Mr. Williams's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state have earned him great respect and admiration; and

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WHEREAS, a man of deep and abiding faith, Mr. Williams is an active member of St. Peter's AME Church in Midway, Georgia; and
WHEREAS, he has served as an uplifting and inspirational mentor to countless young people and has worked tirelessly throughout his lifetime to improve housing conditions in Liberty County; and
WHEREAS, Mr. Williams is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized with a lasting tribute.
PART VII WHEREAS, the State of Georgia lost one if its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Chadwick T. LeCroy on December 23, 2011; and
WHEREAS, Trooper LeCroy joined the Georgia State Patrol in January, 2008, and was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and
WHEREAS, a member of the Crime Suppression Unit within Georgia State Patrol Troop C, Trooper LeCroy was killed in the line of duty after tracking down a fleeing suspect who he had attempted to stop for a headlight violation in Atlanta; and
WHEREAS, in recognition of the ultimate sacrifice made for the call of duty, Trooper LeCroy was posthumously promoted to the rank of corporal by Commissioner of the Georgia Department of Public Safety Colonel Bill Hitchens; and
WHEREAS, Trooper LeCroy's promotion marks only the second time in the Georgia State Patrol's 74 year history that an officer has received such an honor; and
WHEREAS, he was united in love and marriage to his supportive wife, Keisha Yearwood LeCroy, and was blessed with two remarkable sons, Bret and Deaton; and
WHEREAS, he was the beloved son of Donna and Sam Houston and Bill and Tonya LeCroy, son-in-law of Ken and Vicki Yearwood, and brother of Bill, Jamie, Jack, and Jake; and

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WHEREAS, Trooper LeCroy loved sports, hunting, and spending time with his family and friends; and
WHEREAS, he truly loved his career and law enforcement and wore his Georgia State Patrol uniform with pride, exhibiting extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and
WHEREAS, a compassionate and generous man, Trooper LeCroy will long be remembered for his love of family and friendship, and this loyal husband, father, brother, uncle, and friend will be missed by all who had the great fortune of knowing him.
PART VIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Explosive Ordnance Disposal Technician First Class Joseph Adam McSween; and
WHEREAS, Adam McSween was born on August 11, 1980, in Montgomery, Alabama, the beloved son of Robert and Florence McSween; and
WHEREAS, a graduate of Georgia Christian High School in Valdosta, Georgia, and York College in Nebraska, Adam enlisted in the United States Navy in 2001; and
WHEREAS, he completed extensive training in explosive ordinance disposal and earned qualifications as a Naval Parachutist, Scuba Diving Supervisor, and Senior Explosive Ordinance Disposal Technician; and
WHEREAS, he was valiantly serving as a guardian of freedom and liberty in his second tour to Iraq when he was killed on April 6, 2007, near Kirkuk in northern Iraq when a rocket hit his vehicle; and
WHEREAS, during his service to this nation, he was awarded an Army Commendation Medal, Combat Action Ribbon, Navy Good Conduct Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Expert Marksmanship Rifle Medal, Expert Marksmanship Pistol Medal, two Iraq Campaign Medals, and three Sea Service Deployment Ribbons; and
WHEREAS, Adam leaves behind many who will cherish his memory, including his parents, his wife Erin, his daughters Lilly and Gwyneth, his brothers Kyle and Robert, and his sister Angela; and
WHEREAS, it is only fitting and proper that a lasting memorial to EOD Technician First Class Joseph Adam McSween's life of service to his country be established.

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PART IX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens and most dedicated law enforcement officers with the passing of Patrolman Donald J. Mander; and
WHEREAS, Patrolman Mander served with honor and distinction with the Macon Police Department; and
WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and
WHEREAS, Patrolman Mander was tragically killed in the line of duty on August 23, 1986; and
WHEREAS, a compassionate and generous man, Patrolman Mander will long be remembered for his love of family and friendship, and this dedicated officer and loyal friend will be missed by all who had the great fortune of knowing him; and
WHEREAS, it is only fitting and proper that a lasting memorial to Patrolman Mander's life and service to this state be established.
PART X WHEREAS, the State of Georgia lost one if its finest citizens and most dedicated law enforcement officers with the passing of Deputy Richard Daniels on June 22, 2010; and
WHEREAS, Deputy Daniels began his career in law enforcement in August, 2006, as a jailer and was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and
WHEREAS, Deputy Daniels was mandated as a certified deputy for the Twiggs County Sheriff's Office on September 14, 2007, and was killed while on patrol when his vehicle hit a fallen tree covering the highway; and
WHEREAS, he was united in love and marriage to his supportive wife, Carrie, and was blessed with a beautiful daughter, Lena; and
WHEREAS, Deputy Daniels exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and

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WHEREAS, a compassionate and generous man, Deputy Daniels will long be remembered for his love of family and friendship, and this loyal husband, father, and friend will be missed by all who had the great fortune of knowing him.
PART XI WHEREAS, Mr. Louie Clark was born November 25, 1924, in Mitchell County, Georgia, and has spent his life serving others; and
WHEREAS, Mr. Clark served as a guardian of this nation's freedom and liberty with the United States Navy from 1943 to 1946, was stationed aboard the destroyer USS Haynsworth, and survived kamikaze attacks and numerous battles while defending the principles and ideals of America during World War II; and
WHEREAS, after the war, Mr. Clark returned home and attended Florida State College on the GI Bill; and
WHEREAS, Mr. Clark served on the Madison County School Board for several years before being elected to the General Assembly in 1974; and
WHEREAS, he devoted two decades to the public as a member of the Georgia House of Representatives, where he was known for his keen wit, gutsy disposition, and independent spirit about government and public service; and
WHEREAS, a knowledgeable historian, Mr. Clark was awarded the highest award from the United Daughters of the Confederacy; and
WHEREAS, he is united in love and marriage to his adoring wife Ann and has been blessed with four amazing children; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized.
PART XII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that:
(1) This body hereby joins in honoring military veterans and dedicates State Route 22 in Oglethorpe County from U.S. Route 78/State Route 10 in Lexington to the Madison County line as Veterans Memorial Highway; (2) The members of this body honor the life and contributions of Herman E. Black and his dedicated service to and sacrifice for his community and this state and that State Route 22 in the City of Gray from the eastern city limit to its intersection with State Route 11 is dedicated as the Herman E. Black Memorial Highway;

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(3) The members of this body honor Sgt. Carlton "Dan" Jenkins for his effective, unselfish, and dedicated public service to the State of Georgia, extend to his family their most sincere condolences, and dedicate the interchange at Horsestamp Church Road and I-95 between mile markers 18 and 22 is dedicated as the Sgt. Carlton "Dan" Jenkins Memorial Interchange; (4) The portion of SR 142 in Newton County between SR 11 and SR 278 is dedicated as the J. Dixon Hays Memorial Highway; (5) State Route 62 from the county line between Early County and Calhoun County in Arlington to Blakley is designated as the Jimmie Hodge Timmons, Jr., Highway; (6) The members of this body join to commend Mr. Clarence Williams, Sr., for his efficient, effective, unselfish, and dedicated service to the State of Georgia and dedicate the bridge on U.S. Route 84/State Route 38 over the CSX railroad tracks in Liberty County as the Clarence Williams, Sr., Overpass; (7) The bridge on State Route 280 over the Chattahoochee River in Cobb/Fulton County is dedicated as the Trooper Chadwick T. LeCroy Memorial Bridge; (8) This body hereby joins in honoring the life and memory of Explosive Ordinance Disposal Technician First Class Joseph Adam McSween and dedicates the intersection of State Route 7/North Valdosta Road and Veterans Memorial Parkway in Lowndes County as the EOD Technician First Class Joseph Adam McSween Memorial Intersection; (9) This body hereby joins in honoring the life and memory of Patrolman Donald J. Mander and dedicates the underpass at State Route 19/Forsyth Road and Napier Avenue in the City of Macon as the Patrolman Donald J. Mander Memorial Underpass; (10) The bridge on State Route 96 over Interstate 16 in Twiggs County is dedicated as the Deputy Richard Daniels Memorial Bridge; (11) State Route 98 in Madison County from its intersection with U.S. Route 29 in Danielsville to State Route 106 in Ila is dedicated as the Louie Clark Highway; (12) The Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution; and (13) The Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the family of Herman E. Black, the family of Sgt. Carlton "Dan" Jenkins, the family of J. Dixon Hays, the family of Jimmie Hodge Timmons, Jr., Clarence Williams, Sr., the family of Trooper Chadwick T. LeCroy, the family of EOD Technician First Class Joseph Adam McSween, the family of Patrolman Donald J. Mander, the family of Deputy Richard Daniels, and Mr. Louie Clark.
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:

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Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C
Rogers, T Y Rynders
Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 163, nays 0.

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

Representative Rogers of the 10th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1117. By Representatives Clark of the 104th, Clark of the 98th, Thomas of the 100th, Dickerson of the 95th, Pak of the 102nd and others:

A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, so as to change certain provisions relating to population brackets and

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the census; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser
Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan E Morris Y Mosby
Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak
Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders
Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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

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

HB 897. By Representatives Harden of the 28th, England of the 108th, Coomer of the 14th, Neal of the 1st, Powell of the 29th and others:

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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 extensively revise the Georgia Workforce Investment Board provisions; to authorize the board to promulgate rules and regulations; to add provisions relating to soft skills programs; to repeal provisions providing for the utilization of the Governor's discretionary funds; to repeal the Georgia Work Ready program; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd
Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B Y Harden, M N Harrell Y Hatchett
Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy
Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson N Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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On the passage of the Bill, the ayes were 153, nays 9.
The Bill, having received the requisite constitutional majority, was passed.
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.
Representative Long of the 61st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 825. By Representatives Nix of the 69th, Ashe of the 56th, Coleman of the 97th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Code Section 20-2-751.7 of the Official Code of Georgia Annotated, relating to the process for students to follow in reporting instances of alleged inappropriate behavior by teachers, so as to eliminate a time frame relative to hearings before administrative law judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 20-2-751.7 of the Official Code of Georgia Annotated, relating to the process for students to follow in reporting instances of alleged inappropriate behavior by teachers, so as to eliminate a time frame relative to hearings before administrative law judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-751.7 of the Official Code of Georgia Annotated, relating to the process for students to follow in reporting instances of alleged inappropriate behavior by teachers, is amended by revising paragraph (3) of subsection (d) as follows:
"(3) If the Professional Standards Commission's review of the investigative report results in a sanction against the educator, the educator shall have the right to appeal. the The commission decision to a hearing before shall be appealed to and heard by an administrative law judge within 90 days of such sanction."

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

The following amendment was read and adopted:

Representatives Nix of the 69th, Lindsey of the 54th, and Abrams of the 84th offer the following amendment:

Amend the House Committee on Education substitute to HB 825 (LC 33 4626S) by striking lines 1 through 15 and inserting in lieu thereof the following: To amend Code Section 20-2-751.7 of the Official Code of Georgia Annotated, relating to the process for students to follow in reporting instances of alleged inappropriate behavior by teachers, so as to revise a provision relating to appeals; 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 20-2-751.7 of the Official Code of Georgia Annotated, relating to the process for students to follow in reporting instances of alleged inappropriate behavior by teachers, is amended by revising paragraph (3) of subsection (d) as follows:
"(3) If the Professional Standards Commission's review of the investigative report results in a sanction against the educator, the educator shall have the right to appeal the commission decision to a hearing before an administrative law judge, and if appealed, such hearing shall be held within 90 180 days of such sanction appeal."

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

The Committee substitute, as amended, was adopted.

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

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson
Dobbs Y Dollar

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan E Morris Y Mosby

Y Shaw Sheldon
Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R

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Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S N Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal N Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders Y Scott, M N Scott, S Y Setzler

Y Smith, T Smyre
Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon
Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 3.

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

HB 899. By Representatives Brockway of the 101st, Hamilton of the 23rd, Williamson of the 111th, Powell of the 29th, Morgan of the 39th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for the dates of nonpartisan elections; to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

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To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for the dates of nonpartisan elections; to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide that, if the disqualification of a candidate is the result of an error or negligence and not the result of any action of the candidate and such error or negligence is verified in writing by the Secretary of State, the qualifying fee paid by the candidate may be refunded to the candidate; to provide that candidates in special elections may choose to designate their political affiliation on the ballot but may not change such affiliation after the close of qualifying; to provide for qualifications for registrars and deputy registrars; to provide for the manner of counting of certain absentee ballots; to provide for the close of voter registration prior to a special election or special primary; to provide for the maintenance of voter registration lists regarding deceased electors; to provide for the manner of storing certain election records and data; to provide for the time by which absentee ballots shall be available prior to a primary or election; to limit the use of certain electronic devices and photographic devices in polling places; to provide that election superintendents shall furnish the Secretary of State copies of ballots used in elections; to provide for the timing of the call for special elections to be held in conjunction with the presidential preference primary; to provide for the manner of filling vacancies in the General Assembly; to provide for certain manner of use of provisional and challenged ballots; to provide alternative dates for political body and independent candidates to qualify for office; to provide an exemption for incumbents from filing nomination petitions; to provide that the State Election Board shall prescribe the form of nomination petitions; to provide for nonpartisan municipal qualifying periods; to provide for municipal qualifying times in even-numbered years; to provide that an absentee ballot may be used to update an elector's name under certain circumstances; to remove the authorization for political parties to elect their officials in primaries; to provide deadlines for individuals and organizations to transmit voter registration cards; to authorize electronic voter registration; to allow the use of United States Postal Service change of address information and confirmation cards to transfer the registration of voters who move from county to county; to remove a special election date; to provide for the electronic storage and safekeeping of certain voter registration records; to provide for the use of the most recent voter registration updates in verifying absentee ballots; to provide for extended retention of certain absentee ballot documentation; to provide restrictions on the use of photographic and electronic devices in polling places; to provide for the posting of certain information regarding elections at the election superintendent's office; to provide for related matters; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the use of certain driver's licensing information for voter registration purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising Code Section 21-2-9, relating to date of election for offices, as follows:
"21-2-9. (a) The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and county officers not elected pursuant to Code Section 21-2-139 shall be elected in the November election next preceding the expiration of the term of office. (b) Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, and county judicial officers, offices of local school boards, and nonpartisan offices elected pursuant to Code Section 21-2-139 shall be elected in the nonpartisan general election next preceding the expiration of the term of office. (b)(c) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections. In addition, the municipality shall immediately transmit a copy of such notice to the Secretary of State. (d) Whenever a municipal general primary or election is held in conjunction with the general primary or November general election in even-numbered years, the time specified for the closing of the registration list, the time within which candidates must qualify for the municipal primary or election, and the time specified for the holding of any runoff necessary shall be the same as specified for general elections."
SECTION 2. Said chapter is further amended by revising Code Section 21-2-40, relating to General Assembly authorization to create board of elections and board of elections and registration in any county, as follows:
"21-2-40. (a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three members. (b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and

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absentee-balloting procedures. Such board shall consist of not fewer than three members."
SECTION 3. Said Act is further amended by revising subsections (a) and (b) of Code Section 21-2-45, relating to authorization to create joint county-municipal boards of elections and boards of elections and registration and authorization for county to conduct elections, as follows:
"(a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections. Such board shall consist of not fewer than three members. (b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members."
SECTION 4. Said chapter is further amended by revising Code Section 21-2-90, relating to appointment of chief manager and assistant managers, as follows:
"21-2-90. All elections and primaries shall be conducted in each 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 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 make such order available for public inspection upon request. 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."

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SECTION 5. Said chapter is further amended by revising subsections (c), (d), (e), (h), and (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, as follows:
"(c) Except as provided in subsection (i) of this Code section, all candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (3) Each candidate for a nonpartisan municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's nonpartisan qualifying period. Each municipal superintendent shall designate the days of such qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Nonpartisan qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal nonpartisan qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. (d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy,

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giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State either during the period beginning at 9:00 A.M. on the fourth Monday in April immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county either during the period beginning at 9:00 A.M. on the fourth Monday in April immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and
(4)(A) In extraordinary circumstances as described in Code Section 21-2-543.1, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, with the Office of the Secretary of State no earlier than the date of the call of the special election and not later than ten days after the announcement of such extraordinary circumstances. (B) The provisions of this subsection shall not apply where, during the 75 day period beginning on the date of the announcement of the vacancy:
(i) A regularly scheduled general election for the vacant office is to be held; or (ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy.

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The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (e) Except as provided in subsection (i) of this Code section, each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter himself or herself; (4) A candidate seeking election in a nonpartisan election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2180." "(h) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such

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office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which shall be subscribed and sworn to by such circulator before a notary public and shall set forth:
(A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (3) A qualifying petition shall be in the form and manner determined by the Secretary of State and approved by the State Elections Board on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition;

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(C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. (i) Notwithstanding any other provision of this chapter to the contrary, for general elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, candidates in such elections shall qualify as provided in this subsection: (1) All candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (A) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State at the same time as candidates for party nomination in the general primary as provided in paragraph (1) of subsection (c) of Code Section 21-2-153, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy in the office of the superintendent at the same time as candidates for party nomination in the general primary as provided in paragraph (1) of subsection (c) of Code Section 21-2-153, notwithstanding the fact that any such days may be legal holidays; (2) All political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order

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to be eligible to have their names placed on the general election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(A) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than either during the period beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and ending at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at 9:00 A.M. on the last Monday in July immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than either during the period beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and ending at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at 9:00 A.M. on the last Monday in July immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (3) Candidates required to file nomination petitions under subsection (e) of this Code section shall file such petitions not earlier than 9:00 A.M. on the fourth Monday in July immediately prior to the general election and not later than 12:00 Noon on the first Monday in August immediately prior to the general election."
SECTION 6. Said chapter is further amended by revising subsection (e) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates, as follows:
"(e)(1) The Secretary of State or appropriate municipal official shall certify and transmit to the election superintendent of each county affected at least ten days prior to the within five days following the deadline for the submission by write-in candidates of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State or appropriate municipal official for such general or special election.

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(2) The county election superintendent shall certify within five days following the deadline for the submission by write-in candidates for county offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the county election superintendent for county offices for such general or special election. (3) The municipal election superintendent shall certify within five days following the deadline for the submission by write-in candidates for municipal offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the municipal election superintendent for municipal offices for such general or special election."
SECTION 7. Said chapter is further amended by revising subsection (e) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office and nomination certificate, as follows:
"(e) The qualifying fee shall be returned to the candidate in the event such candidate withdraws, dies, or is disqualified prior to the close of the qualifying period; however, after the close of the qualifying period, the qualifying fee shall not be returned to the candidate for any reason including withdrawal, death, or disqualification; provided, however, that, if such disqualification is the result of an error or negligence of the officer with whom such candidate qualified and not the result of any action of the candidate and such error or negligence is verified in writing by the Secretary of State, such fee may be refunded to the candidate."
SECTION 8. Said chapter is further amended by revising subsection (a) of Code Section 21-2-151, relating to authorization for political party primaries, as follows:
"(a) A political party may elect its officials and shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 212-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot."
SECTION 9. Said chapter is further amended by revising subsection (a.1) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, posting of list of all qualified candidates, filing of affidavit with political party by each qualifying candidate, and performance of military service does not create vacancy, as follows:
"(a.1) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131

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unless such candidate has filed a qualifying petition which complies with the following requirements:
(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth:
(A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of this state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (3) A qualifying petition shall be in the form and manner determined by the Secretary of State and approved by the State Elections Board on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the

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candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth:
(A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing."
SECTION 10. Said chapter is further amended by revising subsection (a) of Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, prohibited political activities, oath of office, privilege from arrest, and duties conducted in public, as follows:
"(a) Members of the board of registrars shall be electors of the state and county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment."

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SECTION 11. Said chapter is further amended by revising subsection (c) of Code Section 21-2-218, relating to cancellation of registration in former state or county and address changes and corrections, as follows:
"(c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card. The board of registrars may also accept a properly submitted application for an absentee ballot to correct an elector's name on the voter registration list if all necessary information to complete such a change is included with the application."
SECTION 12. Said chapter is further amended by revising subsection (a) of Code Section 21-2-219, relating to registration cards, as follows:
"(a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State, which shall include printed forms, forms made available through electronic means, or otherwise. Except as provided in subsection (b) of this Code section and Code Section 21-2-221.2, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated by the Federal Election Commission under the provisions of the National Voter Registration Act of 1993, 42 U.S.C. Section 1973gg-7, shall be accepted for purposes of voter registration."
SECTION 13. Said chapter is further amended by revising subsection (a) of Code Section 21-2-220, relating to application for registration, as follows:
"(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Driver Services as provided in Code Section 21-2-221, by making application through the Department of Natural Resources as provided in Code Section 21-2-221.1, by making application online as provided in Code Section 21-2-221.2, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223."

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SECTION 14. Said chapter is further amended by adding a new Code section to read as follows:
"21-2-221.2. (a) A person who is qualified to register to vote in this state and who has a valid Georgia driver's license or identification card may submit a voter registration application on the Internet website of the Secretary of State. The Secretary of State shall, in conjunction with the Department of Driver Services, design and implement a system to allow for such electronic voter registration. (b) An application submitted pursuant to this Code section shall contain:
(1) The applicant's name and residence address; (2) The applicant's driver's license or identification card number; (3) The applicant's date of birth; (4) An affirmation by the applicant that the applicant is a citizen of the State of Georgia and of the United States; (5) An affirmation by the applicant that the information provided is truthful and that the applicant is eligible to vote in the State of Georgia; (6) An assent by the applicant to the use of his or her signature from his or her driver's license or identification card; and (7) Such other information the Secretary of State deems necessary to establish the identity of the applicant. (c) Upon the submission of an application through the website pursuant to this Code section, the software used by the Secretary of State for processing applications through the website shall provide for immediate verification of all of the following: (1) That the applicant has a valid Georgia driver's license or identification card and that the number for that driver's license or identification card provided by the applicant matches the number for the applicant's driver's license or identification card that is on file with the Department of Driver Services; (2) That the date of birth provided by the applicant matches the date of birth that is on file with the Department of Driver Services; and (3) That the applicant is a citizen of the State of Georgia and of the United States and that the information provided by the applicant matches the information on file with the Department of Driver Services. If any of these items does not match or if the application is incomplete, the application shall be void and shall be rejected and the applicant shall be notified of such rejection either electronically or by mail within five days after such application is rejected. (d) If all of the items enumerated in subsection (c) of this Code section are verified, the Secretary of State shall obtain an electronic copy of the applicant's signature from the applicant's driver's license or identification card on file with the Department of Driver Services. The application shall then be processed in the same manner as applications under Code Section 21-2-221. Except as otherwise provided by this Code section, the application shall be deemed to have been made as of the date that the information was provided by the applicant through the Internet website.

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(e) The matching of information pursuant to subsection (c) of this Code section shall satisfy the requirements of subsection (g) of Code Section 21-2-216. (f) The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration applications submitted electronically pursuant to this Code section."
SECTION 15. Said chapter is further amended by revising subsection (b) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, and adding a new subsection to read as follows:
"(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under this article desires to vote at any special primary or special election, such person shall make application as provided in this article no later than either the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state or the close of business on the fifth Monday prior to the date of the special primary or special election or, if such Monday is a legal holiday, by the close of business on the following business day, whichever is later; except that:
(1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county or municipal offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day." "(c.1) An individual or organization shall promptly transmit all completed voter registration applications to the Secretary of State or the appropriate board of registrars within ten days after receiving such application or by the close of registration, whichever period is earlier. If an individual or organization receives a completed voter registration application 14 or fewer days before the close of registration, the individual or organization shall transmit the application to the Secretary of State or the appropriate board of registrars within 72 hours of the date of the execution of the application or by midnight on the close of registration, whichever period is earlier."

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SECTION 16. 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, procedure, hearing, and right of appeal, 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 provisional ballots. Such challenged ballot shall be sealed in double envelopes as provided in subsection (a) of Code Section 21-2-384 21-2-419 and, after having the word 'Challenged,' and the elector's name, and the alleged cause of the challenge written across the back of the outer envelope, the ballot shall be deposited by the person casting such ballot in a secure, sealed ballot box notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229."
SECTION 17. Said chapter is further amended by revising Code Section 21-2-231, relating to lists of persons convicted of felonies, persons identified as noncitizens, persons declared mentally incompetent, and deceased persons provided to Secretary of State; removal of names from list of electors; timing; and list of inactive voters provided to Council of Superior Court Clerks, by adding a new subsection to read as follows:
"(e.1) County registrars may obtain information about persons who died from obituaries published by local newspapers, death certificates, verifiable knowledge of the death, and information provided in writing and signed by a family member or members of the deceased person. County registrars shall determine if such deceased person's name appears on the list of electors and, if so, shall remove such name from the list of

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electors and shall send by first class mail to the mailing address shown on the elector's voter registration records a notice of such action and the reason therefor."
SECTION 18. Said chapter is further amended by revising subsections (c) and (d) of Code Section 21-2233, relating to comparison of change of address information supplied by United States Postal Service with electors list, removal from list of electors, and notice to electors, as follows:
"(c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at the old address of the elector. The registrars may also send a confirmation notice to the elector's new address. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered State of Georgia, the elector's name shall be removed from the appropriate list of electors. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality. The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located and the registrars of the county of the new address shall update the voter registration list to reflect the change of address. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the elector's present county of registration State of Georgia, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors for that county and that the elector must reregister in the new county of residence in order to be eligible to vote. The registrars shall provide the person with the appropriate form for registration at the time of such notice. Whenever an elector's registration is transferred by the county registrars to another county in this state because the elector has furnished in writing to the registrar a residence address that is located in this state outside of the elector's present county of registration in accordance with subsection (c) of this Code section, the registrars of the county of the elector's former residence shall notify the elector in writing at the elector's new address that the elector's registration is being transferred to the new address. The registrars of the county of the elector's new address shall provide the elector with a new registration card pursuant to Code Section 21-2-226."

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SECTION 19. Said chapter is further amended by revising Code Section 21-2-236, relating to periods of retention of registration cards, applications, and records of list maintenance activities, as follows:
"21-2-236. (a) The voter registration cards of electors whose names appear on either the official list of electors or the list of inactive electors shall be retained on file as long as the elector remains on such lists and for a period of two years following the removal from the lists; provided, however, that an original voter registration card may be destroyed if an image of the face of the card is stored electronically. (b) The registration applications of persons whose applications were rejected and all related material and records, or electronic facsimiles thereof, shall be retained on file for a period of two years after the date of the rejection. (c) All records concerning list maintenance activities under Code Sections 21-2-233 and 21-2-234 shall be maintained for a period of two years and shall be available for public inspection and copying, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular elector is registered. Such records shall contain the name and address of all electors to whom confirmation notices are sent and information concerning whether each such elector has responded to such notice. (d) The State Election Board shall adopt rules and regulations regarding the safekeeping and maintenance of electronic records of voter registration records maintained under this Code section."
SECTION 20. Said chapter is further amended by revising subsections (e), (f), and (g) of Code Section 21-2-379.11, relating to procedure for tabulation of votes by DRE machines, as follows:
"(e) The manager shall collect and retain the zero tape and the results tape for each DRE unit and place such tapes with the memory card for each unit, and enclose all such items for all of the DRE units used in the precinct in one envelope which shall be sealed in an envelope or container and initialed or signed by the manager so that it cannot be opened without breaking the seal. (f) The manager and one poll worker shall then deliver the envelope or container to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (g) Upon receipt of the sealed envelope or container containing the zero tapes, results tapes, and memory cards, the election superintendent shall verify the initials or signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope or container and remove its contents. The superintendent shall then download the results stored on the memory card from each DRE unit into the election

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management system located at the central tabulation point of the county in order to obtain election results for certification."
SECTION 21. Said chapter is further amended by revising subsection (a) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, as follows:
"(a)(1) The superintendent shall, at least 45 days prior to any general primary or general election other than a municipal general primary or general election, as soon as possible prior to a runoff, and at least 21 days prior to any municipal general primary or general election in consultation with the board of registrars or absentee ballot clerk, prepare, obtain, and deliver before the date specified in paragraph (2) of this subsection an adequate supply of official absentee ballots to the board of registrars or absentee ballot clerk for use in the primary or election or as soon as possible prior to a runoff. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. (2) The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants not more than 49 days but not less than 45 days prior to any presidential preference primary, general primary other than a municipal general primary, general election other than a municipal general election, or special primary or special election in which there is a candidate for a federal office on the ballot; 22 days prior to any municipal general primary or municipal general election; and as soon as possible prior to any runoff. In the case of all other special primaries or special elections, the board of registrars or absentee ballot clerk shall mail or issue official absentee ballots to all eligible applicants within three days after the receipt of such ballots and supplies, but no earlier than 22 days prior to the election; provided, however, that should any elector of the jurisdiction be permitted to vote by absentee ballot beginning 49 days prior to a primary or election, all eligible applicants of such jurisdiction shall be entitled to vote by absentee ballot beginning 49 days prior to such primary or election. As additional applicants are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election and provided, further, that no absentee ballot shall be issued on the day prior to a primary or election. The board of registrars shall, at least 45 days prior to any general primary, or general election other than a municipal general primary or general election, as soon as possible prior to a runoff, and at least 21 days prior to any municipal general primary or general election, mail or within the same time periods specified in this subsection, electronically transmit official absentee ballots to all electors who have requested to receive their official absentee ballot

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electronically and are entitled to vote by such absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. (3) The date a ballot is voted in the registrar's or absentee ballot clerk's office or the date a ballot is mailed or issued to an elector and the date it is returned shall be entered on the application record therefor. (4) The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar or clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. (5) In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the applicant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required."
SECTION 22. Said chapter is further amended by revising subparagraphs (a)(1)(B) and (a)(1)(C) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to manager; duties of managers; precinct returns; and notification of challenged elector, as follows:
"(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's voter registration card or the most recent update to such absentee elector's voter registration card and application for absentee ballot or a facsimile of said signature or mark taken from said card or application, and shall, if the information and signature appear to be valid and other identifying information appears to be correct, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year two years."

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SECTION 23. Said chapter is further amended by revising subsection (e) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to manager; duties of managers; precinct returns; and notification of challenged elector, as follows:
"(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, outer envelope and shall deposit the ballot in the a secure, sealed ballot box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 24. Said chapter is further amended by revising Code Section 21-2-411, relating to return of checked list of electors and voter's certificates to superintendent and disposition of list and certificates by registrars, as follows:
"21-2-411. The chief manager in each precinct shall return a checked list of electors, reflecting those who voted, and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least five years, and the same shall be available for public inspection."
SECTION 25. Said chapter is further amended by revising subsection (e) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, as follows:
"(e) No elector person shall use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones while such elector person is within the enclosed space in a polling place while voting is taking place; provided, however, that a poll manager, in his or her discretion, may allow the use of photographic devices in the polling place under such conditions and limitations as the election superintendent finds appropriate, and provided, further, that no photography shall be allowed of a ballot or the face of a voting machine or DRE unit while an elector is voting such ballot or machine or DRE unit and no photography shall be allowed of an electors list, electronic electors list, or the use of an electors list or electronic electors list. This subsection shall not prohibit the use of photographic or other electronic monitoring or recording devices, cameras, or cellular telephones by poll officials for official purposes."

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SECTION 26. Said chapter is further amended by revising subsection (c) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited; prohibition of candidates from entering certain polling places, and penalty, as follows:
"(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 voting machine or voting enclosure or booth. This subsection shall not prohibit the use of cellular telephones by poll officials Reserved."
SECTION 27. Said chapter is further amended by revising subsection (b) of Code Section 21-2-433, relating to admission of electors to enclosed space, detachment of ballots from stubs and distribution of ballots to electors, and return of canceled ballots to superintendent, as follows:
"(b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in precincts in which ballots are used shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section 21-2-230, the poll officer shall write the word 'Challenged' and the alleged cause of challenge on the back of the ballot elector shall be entitled to vote a challenged ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope, which shall be sealed and returned to the superintendent."
SECTION 28. Said chapter is further amended by revising subsection (d) of Code Section 21-2-435, relating to procedure as to marking and depositing of ballots, as follows:
"(d) Before leaving the voting compartment, the elector shall fold his or her ballot, without displaying the markings thereon, in the same way it was folded when received by him or her; and he or she shall then leave the compartment and exhibit the number strip of the ballot to a poll officer who shall ascertain by an inspection of the number appearing thereon whether the ballot so exhibited to him or her is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. The number strip shall be deposited in the stub box provided for such purpose and the number strips shall be retained with the ballots and other stubs. If the

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ballot is marked 'Challenged,' the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked 'Challenged,' which has been challenged for cause under Code Section 21-2-230, deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted."
SECTION 29. Said chapter is further amended by revising Code Section 21-2-492, relating to computation and canvassing of returns, notice of when and where returns will be computed and canvassed, blank forms for making statements of returns, and swearing of assistants, as follows:
"21-2-492. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his or her office or at some other convenient public place at the county seat or municipality with accommodations for those present insofar as space permits. An interested candidate or his or her representative shall be permitted to keep or check his or her own computation of the votes cast in the several precincts as the returns from the same are read, as directed in this article. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the county courthouse or city hall superintendent's office, of the time and place when and where he or she will commence and hold his or her sessions for the computation and canvassing of the returns; and he or she shall keep copies of such notice posted in his or her office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in the proper manner and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any precinct therein, according to the returns from the several precincts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner."
SECTION 30. Said chapter is further amended by revising Code Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary and electronic filing, by adding a new subsection to read as follows:
"(c) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such primary."

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SECTION 31. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary and electronic filing, as follows:
"(1) One copy to be posted at the county courthouse or, in the case of a municipal election, at the city hall office of the election superintendent for the information of the public;"
SECTION 32. Said chapter is further amended by revising Code Section 21-2-497, relating to preparation and filing by superintendent of four copies of consolidated return of elections, as follows:
"21-2-497. (a) Each county and municipal superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:
(1) One copy to be posted at the county courthouse or, in the case of a municipal election, at the city hall office of the election superintendent for the information of the public; (2) One copy to be filed and recorded as a permanent record in the minutes of the superintendent's office; (3) One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section 21-2-500; and (4) One copy to be returned immediately to the Secretary of State unless required as follows:
(A) In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State; (B) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications; (C) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; and

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(D) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State. (b) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such election."
SECTION 33. Said chapter is further amended by revising Code Section 21-2-499, relating to duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers and certification of presidential electors by Governor, as follows:
"21-2-499. (a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) (a)(4)(A) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. In the event an error is found in the certified returns presented to the Secretary of State or in the tabulation, computation, or canvassing of votes as described in this Code section, the Secretary of State shall notify the county submitting the incorrect returns and direct the county to correct and recertify such returns. Upon receipt by the Secretary of State of the corrected certified returns of the county, the Secretary of State shall issue a new certification of the results and shall file the same in his or her office. (b) The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the fourteenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (A) of paragraph (4) (a)(4)(A) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the fifteenth day following the date on which such election was conducted. Notwithstanding the deadlines specified in this Code section, such times may be altered for just cause by an order of a judge of superior court of this state. (c) The Secretary of State shall not count, tabulate, or publish the names of any writein candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133."

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SECTION 34. Said chapter is further amended by repealing Code Section 21-2-501.1, relating to timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years, in its entirety.
SECTION 35. Said chapter is further amended by revising subsections (b) and (e) of Code Section 21-2540, 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 the presidential preference primary, a state-wide general primary, or state-wide general election shall be called at least 90 days prior to the date of such presidential preference primary, 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 presidential preference primary, state-wide general primary, or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork." "(e) Candidates in special elections for partisan offices shall be listed alphabetically on the ballot according to and may choose to designate on the ballot their party affiliation. The party affiliation selected by a candidate shall not be changed following the close of qualifying."
SECTION 36. Said chapter is further amended by revising subparagraph (c)(1)(B) of Code Section 212-540, relating to the conduct of special elections, as follows:
"(B) In even-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; or (iii) The third Tuesday in September; or (iv)(iii) The Tuesday after the first Monday in November."
SECTION 37. Said chapter is further amended by revising Code Section 21-2-544, relating to special election for General Assembly vacancy, as follows:

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"21-2-544. Whenever a vacancy shall occur or exist in either house of the General Assembly, during a session of the General Assembly or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet, at any time previous to the next November election, the Governor shall issue, within ten days after the occurrence of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 nor more than 60 days after its issuance. such vacancy shall be filled as follows:
(1) If such vacancy shall occur during a session of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; (2) Except as provided in paragraph (4) of this Code section, if such vacancy shall occur after the conclusion of the regular session which is held during the first year of the term of office of members of the General Assembly, but more than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly, the Governor may issue at any time but no later than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held not fewer than 30 days after its issuance nor later than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly; (3) If such vacancy shall occur after the conclusion of the regular session of the General Assembly held during the first year of the term of office of members of the General Assembly during the period beginning 60 days prior to the Tuesday following the first Monday in November of such year and ending on the day prior to the beginning of the regular session of the General Assembly held during the second year of the term of office of members of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; (4) If such vacancy shall occur following the election of a member of the General Assembly but prior to such member taking office, such vacancy shall be filled in accordance with Code Section 21-2-504, but such election shall be called within ten days of such vacancy and shall be held not fewer than 30 nor more than 60 days following the date of such call; (5) If such vacancy shall occur following the conclusion of the regular session of the General Assembly during the second year of the term of office of members of the

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General Assembly, the issuance of a writ of election to fill such vacancy shall be in the discretion of the Governor except as otherwise provided in paragraph (6) of this Code section and if the Governor chooses to issue such writ of election to fill such vacancy, such election shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; or
(6)(A) If such vacancy shall exist at a time when the members of the General Assembly shall be required to meet in special session, the Governor shall issue, within two days after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; or (B) If such vacancy shall occur after the issuance by the Governor of a call for an extraordinary session of the General Assembly, but prior to the conclusion of such extraordinary session, the Governor shall issue, within five days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. In all other cases any such special election to fill any such vacancy shall be held if the Governor issues his or her writ of election therefor. In such cases the writ of election shall be issued to the Secretary of State who shall transmit the writ of election to the superintendent of each county involved and shall publish the call of the election."
SECTION 38. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising paragraph (6) of subsection (f) of Code Section 40-5-2, relating to driving records, as follows:
"(6)(A) The information required to be made available regarding voter registration pursuant to Code Section Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code section sections; and (B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; and"
SECTION 39. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell N Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway N Brooks E Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman
Collins Y Cooke Y Coomer Y Cooper N Crawford

Y Davis N Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar N Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd N Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick N Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Harrell Y Hatchett Y Hatfield N Heard

E Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jasperse Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan Y Kaiser N Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell N Mayo

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell Y Morgan E Morris N Mosby N Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T Y Rynders Y Scott, M N Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas
VACANT N Waites Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 37.

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

The following Resolution of the House was read:

HR 1700. By Representative O`Neal of the 146th

A RESOLUTION

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Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2012 regular session of the General Assembly for the period of Tuesday, March 13, 2012, through Thursday, March 22, 2012, shall be as follows:

Tuesday, March 13 ....................................................................in session for legislative day 32 Wednesday, March 14 ...............................................................in session for legislative day 33 Thursday, March 15 through Sunday, March 18.................................................in adjournment Monday, March 19 ....................................................................in session for legislative day 34 Tuesday, March 20 ....................................................................in session for legislative day 35 Wednesday, March 21 ...............................................................in session for legislative day 36 Thursday, March 22 ..................................................................in session for legislative day 37

BE IT FURTHER RESOLVED that on and after March 22, 2012, the periods of adjournment of the 2012 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

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

Abdul-Salaam Y Abrams Y Allison
Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier

E Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson
Johnson Y Jones, J Y Jones, S

Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A

Y Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K
Smith, L Y Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T E Teasley Y Thomas

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Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V
Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield
Heard

Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell Y Mayo

Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution was adopted.

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

HB 972. By Representatives Weldon of the 3rd, Lane of the 167th, Dollar of the 45th, Benton of the 31st, Parrish of the 156th and others:

A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management; to enact the "Georgia Pain Management Clinic Act"; to amend Article 2 of Chapter 16 of Title 45 of the O.C.G.A., relating to death investigations by coroners, so as to require coroners to report to the board when a death may be the result of medication administered or prescribed; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management;

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to enact the "Georgia Pain Management Clinic Act"; to provide for legislative intent; to require the licensure of pain management clinics; to provide for definitions; to provide for requirements for licensure; to provide for denial, suspension, and revocation of licenses; to provide for notice to the board upon the occurrence of certain events; to provide for renewal of licenses; to provide for a penalty for violation of the 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 require coroners to report to the board when a death may be the result of medication administered or prescribed at a pain management clinic; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended by revising subsection (c) of Code Section 43-34-5, relating to powers and duties of the Georgia Composite Medical Board, as follows:
"(c) The board shall have the following powers and duties: (1) To adopt, amend, and repeal such rules and regulations in accordance with this chapter necessary for the proper administration and enforcement of this chapter; (2) To adopt a seal by which the board shall authenticate the acts of the board; (3) To establish a pool of qualified physicians to act as peer reviewers and expert witnesses and to appoint or contract with physicians professionally qualified by education and training, medical associations, or other professionally qualified organizations to serve as peer reviewers; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise; (4) To employ a medical director and other staff to implement this chapter and provide necessary and appropriate support who shall be subject to the same confidentiality requirements of the board; (5) To keep a docket of public proceedings, actions, and filings; (6) To set its office hours; (7) To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation; (8) To establish rules regarding licensure and certification status, including, but not limited, to inactive status, as the board deems appropriate; (9) To issue, deny, or reinstate the licenses, certificates, or permits of duly qualified applicants for licensure, certification, or permits under this chapter; (10) To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional medical training, require medical community service, or otherwise sanction licensees, certificate holders, or permit holders;

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(11) To renew licenses, certificates, and permits and set renewal and expiration dates and application and other deadlines; (12) To approve such examinations as are necessary to determine competency to practice under this chapter; (13) To set examination standards, approve examinations, and set passing score requirements; (14) To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases; (15) To initiate investigations for the purposes of discovering violations of this chapter; (16) To administer oaths, subpoena witnesses and documentary evidence including medical records, and take testimony in all matters relating to its duties; (17) To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50; (18) To conduct investigative interviews; (19) To issue cease and desist orders to stop the unlicensed practice of medicine or other profession licensed, certified, or permitted under this chapter and impose penalties for such violations; (20) To request injunctive relief or refer cases for criminal prosecution to appropriate enforcement authorities; (21) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state; (22) To sue and be sued in a court of competent jurisdiction; and (23) To enter into contracts.; (24) To license and regulate pain management clinics; (25) To establish minimum standards for prescribing controlled substances for pain management; and (26) To accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property to the extent permitted by applicable law, to assist in enforcing this chapter."
SECTION 2. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 10
43-34-280. This article shall be known and may be cited as the 'Georgia Pain Management Clinic Act.'
43-34-281. This article is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of

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pain management clinics. It is the intention of the General Assembly that people be able to obtain appropriate and safe medical care to treat conditions in which the control of pain is an element. However, the illegal and improper distribution of controlled substances is a growing problem in this state. Licensure and regulation of pain management clinics will better protect the public from criminal activities associated with the illegal distribution of controlled substances as well as provide for a safer place for people to obtain appropriate medical treatment by requiring certain minimum training of practitioners and by the regulation of pain management clinics.
43-34-282. As used in this article, the term:
(1) 'Annual patient population' means persons seen by a clinic or practice in a 12 month calendar year but shall not include persons that are patients of a nursing home, home health agency, or hospice licensed pursuant to Chapter 7 of Title 31. (2) 'Board' means the Georgia Composite Medical Board created by Code Section 4334-2. (3) 'Chronic pain' means physical pain treated for a period of 90 days or more in a year but shall not include perioperative pain, which shall mean pain immediately preceding and immediately following a surgical procedure, when such perioperative pain is being treated in connection with a surgical procedure by a licensed health care professional acting within the scope of his or her license. (4) 'License' means a valid and current certificate of registration issued by the board pursuant to this article which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (5) 'Licensee' means any person holding a license under this article. (6) 'Nonterminal condition' means a medical condition which is reversible, where there is a reasonable hope of recovery, and where the patient's medical prognosis is a life expectancy of two years or more. (7) 'Pain management clinic' means a medical practice advertising 'treatment of pain' or utilizing 'pain' in the name of the clinic or a medical practice or clinic with greater than 50 percent of its annual patient population being treated for chronic pain for nonterminal conditions by the use of Schedule II or III controlled substances. This term shall not include any clinic or practice owned, in whole or in part, or operated by a hospital licensed pursuant to Chapter 7 of Title 31 or by a health system or any ambulatory surgical center, hospice, or home health agency licensed pursuant to Chapter 7 of Title 31. (8) 'Person' means a natural person. (9) 'Physician' means a person who possesses a current, unrestricted license to practice medicine in the State of Georgia pursuant to Article 2 of this chapter; who, during the course of his or her practice, has not been denied the privilege of prescribing, dispensing, administering, supplying, or selling any controlled substance; and who has not, during the course of his or her practice, had board action taken against his or her medical license as a result of dependency on drugs or alcohol.

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43-34-283. (a) All pain management clinics shall be licensed by the board and shall biennially renew their license with the board. In the event that physicians in a pain management clinic practice at more than one location, each such location shall be licensed by the board, and such license shall be nontransferable. (b) All pain management clinics shall be wholly owned by physicians licensed in this state. If a pain management clinic is incorporated, all shares shall be owned by, and all members shall be, physicians licensed in this state. No physician who has been convicted of a felony as defined in paragraph (3) of subsection (a) of Code Section 4334-8 shall own or have any ownership interest in a pain management clinic. This subsection shall not apply to any pain management clinic in existence on June 30, 2012, which is jointly owned by one or more physician assistants or advanced practice registered nurses and one or more physicians; provided, however, that any physician assistant or advanced practice registered nurse shall be subject to all requirements which owners of pain management clinics are subject to under this article. (c) The board may establish minimum standards of continuing medical education for all physicians owning and all licensed health care professionals practicing in a pain management clinic, minimum standards for any licensed health care professional employed therein, and minimum standards for pain management clinic facilities. (d) Upon the filing of an application for a license, the board may cause a thorough investigation of the applicant to be made and, if satisfied that the applicant possesses the necessary qualifications, shall issue a license. However, the board may issue licenses with varying restrictions to such persons where the board deems it necessary for the purpose of safeguarding the public health, safety, and welfare. (e) Whenever an applicable rule requires or prohibits action by a pain management clinic, responsibility shall be that of the owner and the physicians practicing in the pain management clinic, whether the owner is a sole proprietor, partnership, association, corporation, or otherwise. (f) The board may deny or refuse to renew a pain management clinic license if it determines that the granting or renewing of such license would not be in the public interest. (g) No pain management clinic shall provide medical treatment or services, as defined by the board, unless a physician, a physician assistant authorized to prescribe controlled substances under an approved job description, or an advanced practice registered nurse authorized to prescribe controlled substances pursuant to a physician protocol is on-site at the pain management clinic. (h) The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning licensure of any pain management clinic.

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43-34-284. In addition to the authority granted in Code Section 43-34-8, a license obtained pursuant to this article may be denied, suspended, or revoked by the board upon finding that the licensee or a physician practicing at a licensed pain management clinic has:
(1) Furnished false or fraudulent material information in any application filed under this chapter; (2) Been convicted of a crime under any state or federal law relating to any controlled substance; (3) Had his or her federal registration to prescribe, distribute, or dispense controlled substances suspended or revoked; or (4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title 26.
43-34-285. The board shall be notified immediately upon the occurrence of any of the following:
(1) Permanent closing of a licensed pain management clinic; (2) Change of ownership, management, or location of a licensed pain management clinic; (3) Change of the physicians practicing in a licensed pain management clinic; (4) Any theft or loss of drugs or devices of a licensed pain management clinic; (5) Any known conviction of any employee of a licensed pain management clinic of any state or federal drug laws; (6) Any known conviction based upon charges of fraud of any employee of a licensed pain management clinic; (7) Disasters, accidents, theft, destruction, or loss of records of a licensed pain management clinic required to be maintained by state or federal law or the rules of the board; or (8) Any and all other matters and occurrences as the board may require by rule.
43-34-286. All pain management clinics that dispense controlled substances or dangerous drugs shall be registered with the Georgia State Board of Pharmacy as required by Chapter 4 of Title 26.
43-34-287. (a) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may be late renewed after application and payment of the prescribed late renewal fee within the time period established by the board and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been renewed by the end of the late renewal period shall be considered revoked and subject to reinstatement at the discretion of the board after meeting such requirements as the board may establish.

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(b) As a condition of license renewal, the board shall require the owners of the pain management clinic and any physicians practicing in the pain management clinic to meet such continuing education and training requirements as may be required by rule.
43-34-288. Any person who operates a pain management clinic in the State of Georgia without a license in violation of this article shall be guilty of a felony."
SECTION 3. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, is amended by revising Code Section 45-16-32, relating to reports of examination and investigation, as follows:
"45-16-32. The medical examiner and coroner shall complete a report of each medical examiner's inquiry and coroner's investigation and shall maintain permanent records of such reports. The coroner or county medical examiner may file all original reports with the clerk of the superior court of the county. In cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge shall transmit any specimens, samples, or other evidence to a forensic laboratory for analysis. In cases where reports indicating foul play are verified by the forensic laboratory, the laboratory shall provide a completed lab report to the appropriate prosecuting attorney where the acts or events leading to the death occurred. Law enforcement officers, coroners, county medical examiners, the Georgia Drugs and Narcotics Agency, and the Georgia Bureau of Investigation Medical Examiner's Office when investigating deaths related to prescription drug overdose are authorized to send pertinent records on such deaths to the Georgia Composite Medical Board. In cases where such report indicates the death may be the result of medication administered or prescribed or a procedure conducted at a pain management clinic as defined by Paragraph (7) of Code Section 4334-282 either by an individual licensed under Chapter 34 of Title 43 or by an individual under the supervision or delegated authority of such person, the coroner or county medical examiner shall promptly provide a certified copy of such report and any supporting evidence to the Georgia Composite Medical Board. Such report shall be confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Weldon of the 3rd and Cooper of the 41st offer the following amendment:

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Amend the House Committee on Health and Human Services substitute to HB 972 (LC 33 4683S) by inserting after "Act;" on line 9 "to provide for reports to the Georgia Composite Medical Board;".

By striking the quotation mark at the end of line 207 and by inserting after line 207 the following:
43-34-289. Law enforcement officers, the Georgia Drugs and Narcotics Agency, and the Georgia Bureau of Investigation Medical Examiner's Office, when investigating deaths which may be the result of medication administered or prescribed or a procedure conducted at a pain management clinic as defined by paragraph (7) of Code Section 43-34-282 either by an individual licensed under Chapter 34 of Title 43 or by an individual under the supervision or delegated authority of such person, are authorized to send pertinent records on such deaths to the board. Such records shall be confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board."

By striking lines 221 through 232 and inserting in lieu thereof the following: death occurred. In cases where such report indicates the death may be the result of medication administered or prescribed or a procedure conducted at a pain management clinic as defined by paragraph (7) of Code Section 43-34-282 either by an individual licensed under Chapter 34 of Title 43 or by an individual under the supervision or delegated authority of such person, the coroner or county medical examiner shall promptly provide a certified copy of such report and any supporting evidence to the Georgia Composite Medical Board. Such report shall be confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the Georgia Composite Medical Board."

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 Atwood Y Baker Y Battles

Y Davis N Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar N Drenner

E Heckstall Y Hembree N Henson Y Hightower N Hill Y Holcomb Y Holmes N Holt N Horne

Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell Y Morgan E Morris N Mosby Y Murphy

Y Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T

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E Beasley-Teague Y Bell N Benfield
Benton Y Beverly Y Black Y Braddock N Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter N Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman N Collins N Cooke N Coomer Y Cooper Y Crawford

Y Dudgeon Y Dukes N Dunahoo N Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton N Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs N James Y Jasperse N Jerguson Y Johnson Y Jones, J Y Jones, S N Jordan Y Kaiser Y Kendrick N Kidd Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G N Manning
Marin Martin Y Maxwell N Mayo

Y Neal, J Y Neal, Y Y Nimmer
Nix Y Oliver
O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Y Reece N Rice Y Riley N Roberts Y Rogers, C Y Rogers, T N Rynders Y Scott, M N Scott, S E Setzler

Y Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley N Taylor, D N Taylor, R Y Taylor, T E Teasley N Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 38.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Clark of the 98th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Rogers of the 10th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, the following Resolution of the House was ordered immediately transmitted to the Senate:

HR 1700. By Representative O`Neal of the 146th:

A RESOLUTION relative to adjournment; and for other purposes.

Representative Mitchell of the 88th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

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HB 673. By Representatives Mitchell of the 88th, Clark of the 104th, Cooper of the 41st and Stephens of the 161st:
A BILL to be entitled an Act to enact "Georgia's Return to Play Act of 2012"; 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 establish a return to play policy for student athletes suffering from concussions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The Speaker announced the House in recess until 4:00 o'clock, this afternoon.
The Speaker called the House to order.
Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1159 Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 41st
Chairman
Representative Sims of the 169th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intra-Governmental Coordination has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 398 Do Pass, by Substitute

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Respectfully submitted, /s/ Sims of the 169th
Chairman
The following Resolutions of the House were read and adopted:
HR 1723. By Representatives Lane of the 167th and Atwood of the 179th:
A RESOLUTION recognizing and commending Jeffrey Lyndon Chapman; and for other purposes.
HR 1724. By Representatives Dudgeon of the 24th, Hamilton of the 23rd, Amerson of the 9th, Gardner of the 57th and Cooper of the 41st:
A RESOLUTION recognizing and commending Brian Duffy; and for other purposes.
HR 1725. By Representatives Nimmer of the 178th, Houston of the 170th, Powell of the 171st and Collins of the 27th:
A RESOLUTION recognizing the need to raise awareness of Down syndrome; and for other purposes.
HR 1726. By Representatives Jordan of the 77th, Davis of the 109th, Welch of the 110th and Scott of the 76th:
A RESOLUTION recognizing and commending Henry County Middle School's art classes; and for other purposes.
HR 1727. By Representatives Stephens of the 161st, Gordon of the 162nd, Mitchell of the 88th, Marin of the 96th and Scott of the 76th:
A RESOLUTION recognizing and commending Joseph N. Bell; and for other purposes.
HR 1728. By Representatives Taylor of the 55th and Morgan of the 39th:
A RESOLUTION honoring the life and memory of Ms. Whitney Houston; and for other purposes.
HR 1729. By Representatives Taylor of the 55th and Morgan of the 39th:
A RESOLUTION commending the National Association of Black Social Workers on its 44th annual conference; and for other purposes.

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Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1056. By Representatives Battles of the 15th, Ehrhart of the 36th, Hanner of the 148th, Amerson of the 9th, Williams of the 165th and others:

A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to clarify the application of ad valorem taxation provisions consistent with the federal provisions in the Service Members Civil Relief Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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 Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M

Y Heckstall Hembree Henson
Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning

Y McBrayer Y McCall Y McKillip
Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal, J E Neal, Y
Nimmer Y Nix Y Oliver Y O'Neal Y Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T

Y Shaw Y Sheldon
Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E

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Y Cooke Y Coomer Y Cooper Y Crawford

Y Harrell Y Hatchett Y Hatfield Y Heard

Y Marin Y Martin Y Maxwell E Mayo

Y Rynders Y Scott, M Y Scott, S E Setzler

Williams, R Y Williamson 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.

Representatives Hembree of the 67th, Houston of the 170th, and Sims of the 119th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1166. By Representatives Atwood of the 179th, Smith of the 131st, Meadows of the 5th, Maxwell of the 17th, Williams of the 113th 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 individual health insurance coverage to children through child-only health plans; to provide for legislative intent; to establish a mandatory, uniform open enrollment period; to provide for definitions; to provide for guaranteed-issue coverage regardless of health status; to provide for special enrollment periods for loss of coverage because of a qualifying event; to provide for a list of qualifying events; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual health insurance coverage to children through child-only health policies; to provide for legislative intent; to establish a mandatory, uniform open enrollment period; to provide for definitions; to provide for guaranteed-issue coverage regardless of health status; to provide for special enrollment periods for loss of coverage because of a qualifying event; to provide for a list of qualifying events; to provide effective dates for coverage purchased during an open enrollment period or after a qualifying event; to provide notice and marketing requirements; to provide for rules and regulations; to provide for an automatic repealer; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows:
"CHAPTER 29B
33-29B-1. (a) It is the intention of this chapter to restore access to creditable health care coverage for Georgia's children, and that in order to do so, it is important to bring insurance providers into the market to offer individual health insurance coverage to children through child-only policies. (b) For the protection of the public, particularly children and families, and for the protection of insurers required by federal law to guarantee the issue of individual health policies to children who are less than 19 years of age without imposing any preexisting condition exclusions, it is the intent of the General Assembly to accomplish this goal by establishing that as a condition of issuing health insurance coverage in the individual market until January 1, 2014, insurers offer child-only policies during open enrollment periods specified by this chapter.
33-29B-2. (a) As used in this chapter, the term:
(1) 'Child-only policy' means individual health insurance coverage for a qualified individual who is less than 19 years of age. Such term shall not include dependent health insurance for a qualified individual under another person's health insurance. (2) 'Creditable coverage' means medical expense coverage under any of the following:
(A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health policy formed pursuant to 10 U.S.C. Chapter 55; (H) A health policy provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health policy formed pursuant to 5 U.S.C. Chapter 89; (K) A public health policy; or

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(L) A Peace Corps Act health benefit policy. (3) 'Health insurance' has the same meaning as accident and sickness policy as defined in Code Section 33-29-1. Such term shall not include:
(A) Any policy of workers' compensation insurance or any policy of workers' insurance or any policy of liability insurance with or without supplementary expense coverage on the policy; (B) Any policy or contract of reinsurance; (C) Any policy, the renewal of which is subject to continuation of employment with a specified employer, any blanket or group policy of insurance, or any policy issued pursuant to the exercise of conversion privileges provided for in group insurance policies; (D) Life insurance, endowment or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to accident and sickness insurance which provide additional benefits in case of death or dismemberment or loss of sight by accident, or which operate to safeguard such contracts against lapse or give a special surrender value or special benefit or an annuity in the event that the insured or annuitant becomes totally and permanently disabled as defined by the contract or supplemental contract; (E) Companies, organizations, or associations provided for in Chapters 18 and 19 of this title; or (F) Any policy of accident, sickness, or hospitalization insurance issued prior to January 1, 1961; long-term care, disability income, short-term, accident, dentalonly, vision-only, fixed indemnity, limited-benefit, or credit insurance; coverage issued as a supplement to liability insurance; insurance arising out of workers' compensation or similar law; automobile medical payment insurance; or insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance. (4) 'Insurer' means an insurance company, insurance service, or insurance organization licensed to engage in the business of insurance in Georgia and which is subject to this title. Such term shall not include a group health policy. (5) 'Open enrollment period' means January 1, 2013, through January 31, 2013. (6) 'Qualified individual' means a resident of this state who is less than 19 years of age. (7) 'Qualifying event' means the loss of employer sponsored health insurance or the involuntary loss of other existing health insurance for any reason other than fraud, misrepresentation, or failure to pay a premium if the applicant is a qualified individual when the qualifying event occurs.
33-29B-3. (a) All insurers that deliver or issue for delivery individual health insurance in this state shall be subject to the provisions of this chapter. As a condition of issuing coverage in the individual health market, an insurer shall ensure that at least one policy design

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issued pursuant to Code Section 33-29A-3 and this chapter shall be available to individuals applying for a child-only policy. (b) Insurers shall offer guaranteed-issue coverage to primary subscribers under the age of 19 years during open enrollment periods during which insurers shall accept applications for child-only policies. (c) During the open enrollment period set forth in subsection (b) of this Code section and within 30 days of a qualifying event, an insurer shall accept and grant an application to insure a qualified individual for a child-only policy on a guaranteed-issue basis without any limitations or exclusions of policy benefits based upon the applicant's health status pursuant to federal law. (d) Insurers shall not offer child-only policies outside of the open enrollment period, except insurers shall permit a child under the age of 19 years to apply and enroll for coverage during a special enrollment period under the terms of the health benefit policy if the child has experienced a qualifying event. (e) A special enrollment period shall last 30 days from the date the insurer receives notice of loss of coverage if:
(1) Such notice is provided to the insurer no later than the sixtieth day after the loss of coverage; (2) The loss of other coverage results from:
(A) Birth; (B) Adoption; (C) Marriage; (D) Dissolution of marriage; (E) Loss of employer sponsored insurance; (F) Loss of eligibility under Code Section 49-4-1 or 49-5-273; (G) Entry of a valid court or administrative order mandating the child be covered; or (H) Involuntary loss of other existing coverage for any reason other than fraud, misrepresentation, or failure to pay premium; or (3) The person under 19 years of age is not eligible for creditable coverage. (f) Coverage under individual policies applied for during the open enrollment period shall become effective within 30 days following the end of such period. Coverage under individual policies applied for during a special enrollment period shall become effective within 30 days following the end of the special enrollment period. (g) Nothing in this Code section shall prohibit an insurer from setting a premium rate for individuals based upon medical underwriting so long as such rate is in compliance with the applicable product's rate filing on record with the department. An insurer may impose a surcharge for up to 12 months if an individual enrolls in a child-only policy without prior creditable coverage in the 63 day period preceding the date of application. The amount of the surcharge may be up to an additional 50 percent of the premium rate that would be charged if an individual enrolls in a child-only policy with prior creditable coverage in the 63 day period preceding the date of application.

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33-29B-4. In the event that an individual under the age of 19 years is a dependent on a policy with a primary subscriber who is over the age of 19 years and such primary subscriber drops the policy, all dependents shall lose coverage as a result of the termination of coverage of the primary subscriber. Such individuals under the age of 19 years may apply for child-only policies during the open enrollment period or, in the case of a qualifying event, during a special enrollment period.
33-29B-5. An insurance carrier may deny coverage to an applicant for enrollment in a child-only policy if other creditable coverage is available. For purposes of this Code section, the term 'creditable coverage' shall not include eligibility for a high-risk pool insurance policy, but shall include current enrollment in a high-risk pool insurance policy.
33-29B-6. (a) Insurers currently covering subscribers or dependents under the age of 19 years on individual policies shall continue to renew such policies in accordance with Code Section 33-29-21. (b) Notice of the open enrollment opportunity, open enrollment dates for new applicants, the opportunity to enroll due to a qualifying event, and instructions on how to enroll a child in a child-only policy shall be displayed continuously and prominently on the insurer's website throughout the year.
33-29B-7. Each insurer that participates in the individual market in Georgia shall submit to the Commissioner the following information at the time the insurer submits the information pertaining to 2013 that is required in Code Section 33-3-21:
(1) The number of applicants for a child-only policy during open enrollment period; (2) The number of individuals who enrolled in a child-only policy during the open enrollment period; and (3) The number of applicants denied enrollment in a child-only policy during the open enrollment period and the reasons for the denials.
33-29B-8. (a) The Commissioner shall adopt rules to implement and administer this chapter. (b) This chapter and the rules adopted by the Commissioner to administer this chapter shall stand repealed on January 1, 2014."
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.

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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:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V
Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick N Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell E Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B Y Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Coleman of the 97th stated that 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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By unanimous consent, the following Bill of the House was postponed until the next legislative day:

HB 1160. By Representatives Roberts of the 154th, Houston of the 170th, Burns of the 157th, McCall of the 30th and Williams of the 165th:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee on Rules was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, MARCH 5, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

DEBATE CALENDAR

Modified Open Rule

HB 535

War veterans homes; Veterans Service Board establish residency fee; authorize (Substitute)(D&VA-Oliver-83rd)

Modified Structured Rule

HB 397 HB 717 HB 745

State government; open meetings and records; revise provisions (Substitute)(Judy-Powell-171st) Dogs; criminal penalties for certain owners failing to secure; provide (Substitute)(JudyNC-Houston-170th) Public Health, Department of; study pulse oximetry screening for newborns to detect congenital heart defects; require (Substitute)(H&HS-Welch-110th)

Structured Rule

HB 318

Sales and use tax exemptions; donated food for hunger relief; extend (Substitute)(W&M-Stephens-164th)

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HB 334 HB 743
HB 846 HB 1049

Sales and use tax exemptions; food and beverages to food bank; extend (Substitute)(W&M-Stephens-164th) Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend (W&M-Rice-51st) Revenue, Department of; various administrative and procedural requirements; change (Substitute)(W&M-Knight-126th) Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions (Substitute)(EU&T-Willard-49th)

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Meadows of the 5th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 846. By Representatives Knight of the 126th and Peake of the 137th:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change various administrative and procedural requirements of the Department of Revenue; to provide procedures with respect to the publication of letter rulings; to define the term "ruling"; to substantially modernize the provisions governing the commissioner's levy and sale of personal property; to authorize the commissioner to electronically store, retrieve, and transmit tax executions; to provide that the executions so stored are treated as originals for all purposes; 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 BE ENTITLED AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change various administrative and procedural requirements of the Department of Revenue; to provide procedures with respect to the publication of letter rulings; to define the term "ruling"; to substantially modernize the provisions governing

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the commissioner's levy and sale of personal property; to authorize the commissioner to electronically store, retrieve, and transmit tax executions; to provide that the executions so stored are treated as originals for all 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 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:
"48-2-15.2. (a) As used in this Code section, the term 'ruling' means a written determination that is issued to a person by the commissioner pursuant to regulations promulgated for that purpose, in response to such person's written inquiry about his or her status for tax purposes or the tax effects of acts or transactions, and is based on applying the tax statutes, regulations, or other legal authority to such person's specific set of facts. Such term thus does not include, for example, notices of proposed or final assessment or decisions thereon, decisions on claims for refund, decisions to accept or reject offers in compromise, voluntary disclosure or closing agreements, and responses to petitions or applications under Code sections permitting the commissioner to waive penalty or interest. (b) The commissioner is authorized to promulgate regulations prescribing guidelines and procedures for the submission of rulings, issuance or denial of issuance of rulings, and the redaction and disclosure of rulings to the public. The commissioner may not disclose a ruling to the public without first deleting the name, address, and other identifying details of the person to whom the ruling was issued. (c) A ruling shall have no precedential value except to the person to whom the ruling was issued and then only for the specific transaction addressed in the ruling."
SECTION 2. Said title is further amended by revising subsection (d) of Code Section 48-2-55, relating to the power of the state revenue commissioner to collect unpaid taxes via attachment, garnishment, levy, and sale, as follows:
"(d)(1) The commissioner or his or her authorized representative may levy and conduct judicial sales in the manner provided by law for sales by sheriffs and constables.
(2)(A) Levy, in the case of In the event the levy is upon personal property, the sale of such property shall be advertised ten days before the date of sale. Advertisements of sales shall designate the time, and place, and manner of the sale, shall give a reasonable description of the property to be sold, shall be posted in three public places in the county, and shall be inserted at least one time in the newspaper in which sheriff's sales in the county are advertised. The commissioner may

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prescribe by regulation methods for providing notice of sale in addition to the provisions of this subparagraph. (B) The commissioner or his or her authorized representative may conduct the sale of such personal property via public auction, public Internet auction, or via sealed bids. If the sale is conducted via public auction, the The sale shall be conducted within the county in which the property levied on is situated and shall be held between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable. In the event the levy is upon personal property, the The sale shall be conducted within the county in which the property levied on is situated, except that if it appears to the commissioner that substantially higher bids may be obtained for the property if the sale is held at a place outside such county, he may order that the sale be held in such other place. If the location of the sale is in a county other than the county in which the levy was made, notice of the sale as required by this Code section shall be made in both counties. The commissioner may prescribe by regulation the manner or other conditions for sales by public auction, public Internet auction, or sealed bids, including whether payment in full is required at the time of acceptance of the bid, under what circumstances the sale may be adjourned, and whether, and under what circumstances, multiple items of property may be sold separately, in groups, or in the aggregate. (C) For each sale of personal property conducted pursuant to this paragraph, the commissioner or his or her authorized representative shall determine a minimum bid price of the sale, and, in the absence of a bid equal to or greater than the minimum bid price, the commissioner shall retain possession of the property. In determining the minimum bid price, the commissioner or his or her authorized representative shall take into account the expense of making the levy and sale. In his discretion, the commissioner or his or her representative may delay disclosure of the minimum bid price until the receipt of the highest bid. (3) In the event the levy is upon real property, the commissioner or his or her authorized representative, after making the levy, shall return the levy on the execution to the sheriff of the county in which the property is located. After the return, the sheriff shall proceed to advertise and sell the property as required by law."
SECTION 3. Said title is further amended by revising Code Section 48-3-7, relating to the issuance of alias tax executions, by adding a new subsection to read as follows:
"(c) The commissioner or his or her duly appointed representative shall be authorized to convert regularly issued original or alias tax executions into electronic form for indexing, storage, archival, retrieval, or transmittal purposes, and any tax execution so converted, whether or not subsequently reduced to paper or other tangible medium, shall be treated as a regularly issued original for all purposes, and the commissioner shall not thereafter be required to maintain an original of such tax execution. Tax

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executions so converted, when reduced to paper or other tangible medium, shall fully reflect any and all entries or notations made on such tax executions."

SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall only be applied to rulings requested after the effective date of this Act.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson
Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M

Y Heckstall Y Hembree
Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Maddox, B Y Maddox, G Y Manning

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T

Y Shaw Y Sheldon Y Sims, B E Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E

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Y Cooke Y Coomer Y Cooper Y Crawford

Y Harrell Y Hatchett Y Hatfield Y Heard

Y Marin Y Martin Y Maxwell E Mayo

Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Williams, R Y Williamson 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 Dobbs of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 743. By Representative Rice of the 51st:

A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns

Y Davis Y Dawkins-Haigler Y Dempsey
Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J

Y Shaw Y Sheldon Y Sims, B E Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT

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Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell E Mayo

Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 318. By Representative Stephens of the 164th:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide a new exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising subparagraph (A) of paragraph (57.2) as follows:

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"(57.2)(A) For the period commencing July 1, 2007 2012, and ending on June 30, 2011 2015, the use of prepared food which is donated to a qualified nonprofit agency and which are used for hunger relief purposes."

SECTION 2. This Act shall become effective on July 1, 2012.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson
Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart
England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell E Mayo

Y McBrayer Y McCall Y McKillip
Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B E Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 334. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide a new exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising subparagraph (A) of paragraph (57.1) as follows:
"(57.1)(A) From July 1, 2006 2012, until June 30, 2010 2015, sales of food and food ingredients to a qualified food bank."
SECTION 2. This Act shall become effective on July 1, 2012.
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 Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd
Carson Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans
Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell E Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak E Parent Y Parrish
Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice
Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B E Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard E Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 535. By Representatives Oliver of the 83rd, Yates of the 73rd, England of the 108th, Houston of the 170th and Heard of the 114th:

A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, so as to authorize the Veterans Service Board to establish a fee for residency in a facility of the Georgia State War Veterans' Home; to provide for a waiver of fees based on economic need; to provide for rules and

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regulations; to authorize the acceptance of certain assignment of benefits; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, so as to authorize the Veterans Service Board to establish a fee for residency in a facility of the Georgia State War Veterans' Home; to provide for a waiver of fees based on economic need; to provide for rules and regulations; to authorize the acceptance of certain assignment of benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, is amended by adding a new Code section to read as follows:
"38-4-56. (a) The Veterans Service Board is authorized to provide by rule and regulation for a reasonable fee for residency in and services provided by a facility of the Georgia State War Veterans' Home. The board is authorized to provide by rule and regulation for a full or partial waiver of such fees based on economic need. Such fee waiver shall be established on a sliding scale based on established criteria, including, without limitation, consideration of assets, income, and other resources. (b) The Department of Veterans Service is authorized to receive, as full or partial payment of any fees charged by a facility of the Georgia State War Veterans' Home, the assignment of any state or federal benefit including, without limitation, aid and attendance benefits paid by the United States Department of Veterans Affairs."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter N Casas Y Channell Y Cheokas N Clark, J Y Clark, V Y Coleman Y Collins Y Cooke N Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B N Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill
Holcomb Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell E Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal N Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall N Reece Y Rice Y Riley Y Roberts
Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon N Sims, B E Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley
Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 13.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Holcomb of the 82nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 397. By Representatives Powell of the 171st, Bearden of the 68th, Powell of the 29th, Greene of the 149th, Baker of the 78th and others:

A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to comprehensively revise the provisions of law

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regarding open meetings and open records; to provide definitions relating to open meetings; to provide for the manner of closing meetings; to provide for open meetings; to provide for remedies for improperly closing meetings; to provide for exceptions and exemptions; to provide for sanctions; to provide for related matters; to conform certain cross references; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to comprehensively revise the provisions of law regarding open meetings and open records; to provide definitions relating to open meetings; to provide for the manner of closing meetings; to provide for open meetings; to provide for remedies for improperly closing meetings; to provide for notice of meetings; to provide for exceptions; to provide for certain privileges; to provide for sanctions; to provide for related matters; to provide for legislative intent regarding open records; to provide for definitions relating to open records; to provide for applicability; to provide for procedures regarding disclosure and enforcement of disclosure provisions; to provide for fees and the amount and manner of collection thereof; to provide for exceptions and exemptions; to provide for sanctions; to provide for related matters; to conform certain cross references; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Chapter 14, relating to open and public meetings, as follows:
"CHAPTER 14
50-14-1. (a) As used in this chapter, the term:
(1) 'Agency' means: (A) Every state department, agency, board, bureau, office, commission, public corporation, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, office, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state;

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(D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority body of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, that this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made. (2) 'Executive session' means a portion of a meeting lawfully closed to the public. (3)(A) 'Meeting' means the:
(i) The gathering of a quorum of the members of the governing body of an agency at which any official business, policy, or public matter of the agency is formulated, presented, discussed, or voted upon; or (ii) The gathering of a quorum of any committee of it's the members of the governing body of an agency or a quorum of any committee created by such the governing body, whether standing or special, pursuant to schedule, call, or notice of or from such governing body or committee or an authorized member, at a designated time and place at which any public matter, official business, or policy of the agency is to be discussed or presented or at which official action is to be taken or, in the case of a committee, recommendations on any public matter, at which any official business, or policy to the governing body are to be, or public matter of the committee is formulated, presented, or discussed, or voted upon. (B) 'Meeting' shall not include: (i) The assembling together gathering of a quorum of the members of a governing body or committee for the purpose of making inspections of physical facilities or property under the jurisdiction of such agency or for the purposes of meeting with the governing bodies, officers, agents, or employees of other agencies at places outside the geographical jurisdiction of an agency and at which no final other official business of the agency is to be discussed or official action is to be taken shall not be deemed a 'meeting.'; (ii) The gathering of a quorum of the members of a governing body or committee for the purpose of attending state-wide, multijurisdictional, or regional meetings to participate in seminars or courses of training on matters related to the purpose of the agency or to receive or discuss information on matters related to the purpose of the agency at which no official action is to be taken by the members; (iii) The gathering of a quorum of the members of a governing body or committee for the purpose of meeting with officials of the legislative or executive branches of the state or federal government at state or federal offices and at which no official action is to be taken by the members;

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(iv) The gathering of a quorum of the members of a governing body of an agency for the purpose of traveling to a meeting or gathering as otherwise authorized by this subsection so long as no official business, policy, or public matter is formulated, presented, discussed, or voted upon by the quorum; or (v) The gathering of a quorum of the members of a governing body of an agency at social, ceremonial, civic, or religious events so long as no official business, policy, or public matter is formulated, presented, discussed, or voted upon by the quorum. This subparagraph's exclusions from the definition of the term 'meeting' shall not apply if it is shown that the primary purpose of the gathering or gatherings is to evade or avoid the requirements for conducting a meeting while discussing or conducting official business. (b)(1) Except as otherwise provided by law, all meetings as defined in subsection (a) of this Code section shall be open to the public. All votes at any meeting shall be taken in public after due notice of the meeting and compliance with the posting and agenda requirements of this chapter. (2) Any resolution, rule, regulation, ordinance, or other official action of an agency adopted, taken, or made at a meeting which is not open to the public as required by this chapter shall not be binding. Any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency based on an alleged violation of this provision must shall be commenced within 90 days of the date such contested action was taken, provided that or, if the meeting was held in a manner not permitted by law, within 90 days from the date the party alleging the violation knew or should have known about the alleged violation so long as such date is not more than six months after the date the contested action was taken. (3) Notwithstanding the provisions of paragraph (2) of this subsection, any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision. (c) The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection (b) of this Code section. Visual, sound, and visual and sound recording during open meetings shall be permitted. (d)(1) Every agency subject to this chapter shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted at least one week in advance and maintained in a conspicuous place available to the public at the regular meeting place of the an agency or committee meeting subject to this chapter as well as on the agency's website, if any. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. (2) For any meeting, other than a regularly scheduled meeting of the agency for which notice has already been provided pursuant to this chapter, Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice

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thereof. 'Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice shall be given at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff's sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said such county at least equal to that of the legal organ; provided, however, that, in counties where the legal organ is published less often than four times weekly 'due notice', sufficient notice shall be the posting of a written notice for at least 24 hours at the place of regular meetings and, upon written request from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone or, facsimile, or e-mail to that requesting media outlet at least 24 hours in advance of the called meeting. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately or as soon as practicable make the information available upon inquiry to any member of the public. Upon written request from any local broadcast or print media outlet, a copy of the meeting's agenda shall be provided by facsimile, e-mail, or mail through a self-addressed, stamped envelope provided by the requestor. (3) When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances, including notice to said the county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone. Such reasonable notice shall also include, upon written request within the previous calendar year from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone, facsimile, or e-mail to that requesting media outlet. (e)(1) Prior to any meeting, the agency or committee holding such meeting shall make available an agenda of all matters expected to come before the agency or committee at such meeting. The agenda shall be available upon request and shall be posted at the meeting site, as far in advance of the meeting as reasonably possible, but shall not be required to be available more than two weeks prior to the meeting and shall be posted, at a minimum, at some time during the two-week period immediately prior to the meeting. Failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude considering and acting upon such item.
(2)(A) A summary of the subjects acted on and those members present at a meeting of any agency shall be written and made available to the public for inspection within two business days of the adjournment of a meeting of any agency.

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(B) The regular minutes of a meeting of any agency subject to this chapter shall be promptly recorded and such records shall be open to public inspection once approved as official by the agency or its committee, but in no case later than immediately following the its next regular meeting of the agency; provided, however, that nothing contained in this chapter shall prohibit the earlier release of minutes, whether approved by the agency or not. Such Said minutes shall, as at a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, the identity of the persons making and seconding the motion or other proposal, and a record of all votes. In the case of a roll-call vote the The name of each person voting for or against a proposal shall be recorded and in all other cases it. It shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining. (C) Minutes of executive sessions shall also be recorded but shall not be open to the public. Such minutes shall specify each issue discussed in executive session by the agency or committee. In the case of executive sessions where matters subject to the attorney-client privilege are discussed, the fact that an attorney-client discussion occurred and its subject shall be identified, but the substance of the discussion need not be recorded and shall not be identified in the minutes. Such minutes shall be kept and preserved for in camera inspection by an appropriate court should a dispute arise as to the propriety of any executive session. (f) An agency with state-wide jurisdiction or committee of such an agency shall be authorized to conduct meetings by telecommunications conference teleconference, provided that any such meeting is conducted in compliance with this chapter. (g) Under circumstances necessitated by emergency conditions involving public safety or the preservation of property or public services, agencies or committees thereof not otherwise permitted by subsection (f) of this Code section to conduct meetings by teleconference may meet by means of teleconference so long as the notice required by this chapter is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of an agency or committee thereof, and so long as a quorum is present in person, a member may participate by teleconference if necessary due to reasons of health or absence from the jurisdiction so long as the other requirements of this chapter are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a member's physical presence, no member shall participate by teleconference pursuant to this subsection more than twice in one calendar year.
50-14-2. This chapter shall not be construed so as to repeal in any way:
(1) The attorney-client privilege recognized by state law to the extent that a meeting otherwise required to be open to the public under this chapter may be closed in order to consult and meet with legal counsel pertaining to pending or potential litigation,

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settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved; provided, however, the meeting may not be closed for advice or consultation on whether to close a meeting; and (2) Those tax matters which are otherwise made confidential by state law.
50-14-3. (a) This chapter shall not apply to the following:
(1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law; (2) The deliberations and voting of the State Board of Pardons and Paroles; and in addition said such board may close a meeting held for the purpose of receiving information or evidence for or against clemency or in revocation proceedings if it determines that the receipt of such information or evidence in open meeting would present a substantial risk of harm or injury to a witness; (3) Meetings of the Georgia Bureau of Investigation or any other law enforcement or prosecutorial agency in the state, including grand jury meetings; (4) Adoptions and proceedings related thereto; (5) Gatherings involving an agency and one or more neutral third parties in mediation of a dispute between the agency and any other party. In such a gathering, the neutral party may caucus jointly or independently with the parties to the mediation to facilitate a resolution to the conflict, and any such caucus shall not be subject to the requirements of this chapter. Any decision or resolution agreed to by an agency at any such caucus shall not become effective until ratified in a public meeting and the terms of any such decision or resolution are disclosed to the public. Any final settlement agreement, memorandum of agreement, memorandum of understanding, or other similar document, however denominated, in which an agency has formally resolved a claim or dispute shall be subject to the provisions of Article 4 of Chapter 18 of this title; (6) Meetings:
(A) Of any medical staff committee of a public hospital; (B) Of the governing authority of a public hospital or any committee thereof when performing a peer review or medical review function as set forth in Code Section 31-7-15, Articles 6 and 6A of Chapter 7 of Title 31, or under any other applicable federal or state statute or regulation; and (C) Of the governing authority of a public hospital or any committee thereof in which the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law is discussed, considered, or voted upon; (7) Incidental conversation unrelated to the business of the agency; or (8) E-mail communications among members of an agency; provided, however, that such communications shall be subject to disclosure pursuant to Article 4 of Chapter 18 of this title.

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(b) Subject to compliance with the other provisions of this chapter, executive sessions shall be permitted for:
(4)(1) Meetings when any agency is discussing the future acquisition, disposal, or lease of real estate, except that such meetings shall be subject to the requirements of this chapter for the giving of the notice of such a meeting to the public and preparing the minutes of such a meeting; provided, however, the disclosure of such portions of the minutes as would identify real estate to be acquired may be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings with respect thereto initiated;. It shall not be a violation of this chapter for an agency to vote in executive session to:
(A) Authorize the settlement of any matter which may be properly discussed in executive session in accordance with paragraph (1) of Code Section 50-14-2; (B) Authorize negotiations to purchase, dispose of, or lease property; (C) Authorize the ordering of an appraisal related to the acquisition of real estate; (D) Enter into a contract to purchase, dispose of, or lease property subject to approval in a subsequent public vote; or (E) Enter into an option to purchase, dispose of, or lease real estate subject to approval in subsequent public vote. No vote in executive session to acquire, dispose of, or lease real estate, or to settle litigation, claims, or administrative proceedings, shall be binding on an agency until a subsequent vote is taken in an open meeting where the identity of the property and the terms of the acquisition, disposal, or lease are disclosed before the vote or where the parties and principal settlement terms are disclosed before the vote; (5) Meetings of the governing authority of a public hospital or any committee thereof when discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law; (6)(2) Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee but not when receiving evidence or interviewing applicants for the position of the executive head of an agency. This exception shall not apply to the receipt of evidence or when hearing argument on charges filed to determine personnel matters, including whether to impose disciplinary action or dismissal of dismiss a public officer or employee or when considering or discussing matters of policy regarding the employment or hiring practices of the agency. The vote on any matter covered by this paragraph shall be taken in public and minutes of the meeting as provided in this chapter shall be made available. Meetings by an agency to discuss or take action on the filling of a vacancy in the membership of the agency itself shall at all times be open to the public as provided in this chapter; (7) Adoptions and proceedings related thereto; (8)(3) Meetings of the board of trustees or the investment committee of any public retirement system created by or subject to Title 47 when such board or committee is discussing matters pertaining to investment securities trading or investment portfolio positions and composition; and

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(9)(4) Portions of meetings during which that portion of a record made Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72, when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph, or when reviewing or discussing any security plan under consideration pursuant to paragraph (10) of subsection (a) of Code Section 1516-10 Article 4 of Chapter 18 of this title is to be considered by an agency and there are no reasonable means by which the agency can consider the record without disclosing the exempt portions if the meeting were not closed.
50-14-4. (a) When any meeting of an agency is closed to the public pursuant to any provision of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions provided by law, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1.
(b)(1) When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting or, if the agency's policy so provides, each member of the governing body of the agency attending such meeting, shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (2) In the event that one or more persons in an executive session initiates a discussion that is not authorized pursuant to Code Section 50-14-3, the presiding officer shall immediately rule the discussion out of order and all present shall cease the questioned conversation. If one or more persons continue or attempt to continue the discussion after being ruled out of order, the presiding officer shall immediately adjourn the executive session.
50-14-5. (a) The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this chapter, including the power to grant injunctions or other equitable relief. In addition to any action that may be brought by any person, firm, corporation, or other entity, the Attorney General shall have authority to bring enforcement actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this chapter.

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(b) In any action brought to enforce the provisions of this chapter in which the court determines that an agency acted without substantial justification in not complying with this chapter, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought. (c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having provided access to such information.
50-14-6. Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00 $1,000.00. Alternatively, a civil penalty may be imposed by the court in any civil action brought pursuant to this chapter against any person who violates the terms of this chapter in an amount not to exceed $1,000.00 for the first violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may be imposed for each additional violation that the violator commits within a 12 month period from the date that the first penalty or fine was imposed. It shall be a defense to any criminal action under this Code section that a person has acted in good faith in his or her actions."
SECTION 2. Said title is further amended by revising Article 4 of Chapter 18, relating to inspection of public records, as follows:
"ARTICLE 4
50-18-70. (a) The General Assembly finds and declares that the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions. The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay. This article shall be broadly construed to allow the inspection of governmental records. The exceptions set forth in this article, together with any other exception located elsewhere in the Code, shall be interpreted narrowly to exclude only those portions of records addressed by such exception. (a)(b) As used in this article, the term:

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(1) 'Agency' shall have the same meaning as in Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization that has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state, their officers, or any combination thereof and derives more than 33 1/3 percent of its general operating budget from payments from such political subdivisions. (2) 'Public record' means 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, data, data fields, or similar material prepared and maintained or received by an agency or by a private person or entity in the performance of a service or function for or on behalf of an agency or when such documents have been transferred to a private person or entity by an agency for storage or future governmental use. in the course of the operation of a public office or agency. 'Public record' shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure; provided, however, this Code section shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. Records received or maintained by a private person, firm, corporation, or other private entity in the performance of a service or function for or on behalf of an agency, a public agency, or a public office shall be subject to disclosure to the same extent that such records would be subject to disclosure if received or maintained by such agency, public agency, or public office. As used in this article, the term 'agency' or 'public agency' or 'public office' shall have the same meaning and application as provided for in the definition of the term 'agency' in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization which: (1) has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general operating budget from payments from such political subdivisions. (b) All public records of an agency as defined in subsection (a) of this Code section, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen. (c) Any computerized index of a county real estate deed records shall be printed for purposes of public inspection no less than every 30 days and any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected. (d) No public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request. (e) In a pending proceeding under Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding

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pursuant to this article without the prior approval of the presiding administrative law judge, who shall consider such open record request in the same manner as any other request for information put forth by a party in such a proceeding. This subsection shall not apply to any proceeding under Chapter 13 of this title, relating to the revocation, suspension, annulment, withdrawal, or denial of a professional education certificate, as defined in Code Section 20-2-200, or any personnel proceeding authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of Title 20. (f) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist but are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period; provided, however, that records not subject to inspection under this article need not be made available for inspection and copying or described other than as required by subsection (h) of Code Section 50-18-72, and no records need be made available for inspection or copying if the public officer or agency in control of such records shall have obtained, within that period of three business days, an order based on an exception in this article of a superior court of this state staying or refusing the requested access to such records. (g) At the request of the person, firm, corporation, or other entity requesting such records, records maintained by computer shall be made available where practicable by electronic means, including Internet access, subject to reasonable security restrictions preventing access to nonrequested or nonavailable records.
50-18-71. (a) All public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempted from disclosure. Records shall be maintained by agencies to the extent and in the manner required by Article 5 of this chapter. In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs or reproductions of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs or reproductions of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work.

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(b)(1)(A) Agencies shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request; provided, however, that nothing in this chapter shall require agencies to produce records in response to a request if such records did not exist at the time of the request. In those instances where some, but not all, records are available within three business days, an agency shall make available within that period those records that can be located and produced. In any instance where records are unavailable within three business days of receipt of the request, and responsive records exist, the agency shall, within such time period, provide the requester with a description of such records and a timeline for when the records will be available for inspection or copying and provide the responsive records or access thereto as soon as practicable. Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply. (B) A request made pursuant to this article may be made to the custodian of a public record orally or in writing. An agency may, but shall not be obligated to, require that all written requests be made upon the responder's choice of one of the following: the agency's director, chairperson, or chief executive officer, however denominated; the senior official at any satellite office of an agency; a clerk specifically designated by an agency as the custodian of agency records; or a duly designated open records officer of an agency; provided, however, that the absence or unavailability of the designated agency officer or employee shall not be permitted to delay the agency's response. At the time of inspection, any person may make photographic copies or other electronic reproductions of the records using suitable portable devices brought to the place of inspection. Notwithstanding any other provision of this chapter, an agency may, in its discretion, provide copies of a record in lieu of providing access to the record when portions of the record contain confidential information that must be redacted. (2) Any agency that designates one or more open records officers upon whom requests for inspection or copying of records may be delivered shall make such designation in writing and shall immediately provide notice to any person upon request, orally or in writing, of those open records officers. If the agency has elected to designate an open records officer, the agency shall so notify the legal organ of the county in which the agency's principal offices reside and, if the agency has a website, shall also prominently display such designation on the agency's website. In the event an agency requires that requests be made upon the individuals identified in subparagraph (B) of paragraph (1) of this subsection, the three-day period for response to a written request shall not begin to run until the request is made in writing upon such individuals. An agency shall permit receipt of written requests by e-mail or facsimile transmission in addition to any other methods of transmission approved by the agency, provided such agency uses e-mail or facsimile in the normal course of its business. (3) The enforcement provisions of Code Sections 50-18-73 and 50-18-74 shall be available only to enforce compliance and punish noncompliance when a written

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request is made consistent with this subsection and shall not be available when such request is made orally. (c)(1) An agency may impose a reasonable charge for the search, retrieval, redaction, and production or copying costs for the production of records pursuant to this article. An agency shall utilize the most economical means reasonably calculated to identify and produce responsive, nonexcluded documents. Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply when certified copies or other records to which a specific fee may apply are sought. In all other instances, the charge for the search, retrieval, or redaction of records shall not exceed the prorated hourly salary of the lowest paid fulltime employee who, in the reasonable discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour. Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 25 per page. (2) In addition to a charge for the search, retrieval, or redaction of records, an agency may charge a fee for the copying of records or data, not to exceed 10 per page for letter or legal size documents or, in the case of other documents or electronic records, the actual cost of the media on which the documents, records, or data are produced. (3) Whenever any person has requested to inspect or copy a public record and does not pay the cost for search, retrieval, redaction, or copying of such records when such charges have been lawfully estimated and agreed to pursuant to this article, and the agency has incurred the agreed-upon costs to make the records available, regardless of whether the requester inspects or accepts copies of the records, the agency shall be authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments by such agency. (d) In any instance in which an agency is required to or has decided to withhold all or part of a requested record, the agency shall notify the requester of the specific legal authority exempting the requested record or records from disclosure by Code section, subsection, and paragraph within a reasonable amount of time not to exceed three business days or in the event the search and retrieval of records is delayed pursuant to this paragraph or pursuant to subparagraph (b)(1)(A) of this Code section, then no later than three business days after the records have been retrieved. In any instance in which an agency will seek costs in excess of $25.00 for responding to a request, the agency shall notify the requester within a reasonable amount of time not to exceed three business days and inform the requester of the estimate of the costs, and the agency may defer search and retrieval of the records until the requester agrees to pay the estimated costs unless the requester has stated in his or her request a willingness to pay an amount that exceeds the search and retrieval costs. In any instance in which the estimated costs for production of the records exceeds $500.00, an agency may insist on prepayment of the costs prior to beginning search, retrieval, review, or production of the records. Whenever any person who has requested to inspect or copy a public record has not paid the cost for search, retrieval, redaction, or copying of such records when such charges

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have been lawfully incurred, an agency may require prepayment for compliance with all future requests for production of records from that person until the costs for the prior production of records have been paid or the dispute regarding payment resolved. In addition, a reasonable charge may be collected for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour. (e) Requests by civil litigants for records that are sought as part of or for use in any ongoing civil or administrative litigation against an agency shall be made in writing and copied to counsel of record for that agency contemporaneously with their submission to that agency. The agency shall provide, at no cost, duplicate sets of all records produced in response to the request to counsel of record for that agency unless the counsel of record for that agency elects not to receive the records. An agency shall utilize the most economical means available for providing copies of public records. (f) As provided in this subsection, an agency's use of electronic record-keeping systems must not erode the public's right of access to records under this article. Agencies shall produce electronic copies of or, if the requester prefers, printouts of electronic records or data from data base fields that the agency maintains using the computer programs that the agency has in its possession. An agency shall not refuse to produce such electronic records, data, or data fields on the grounds that exporting data or redaction of exempted information will require inputting range, search, filter, report parameters, or similar commands or instructions into an agency's computer system so long as such commands or instructions can be executed using existing computer programs that the agency uses in the ordinary course of business to access, support, or otherwise manage the records or data. A requester may request that electronic records, data, or data fields be produced in the format in which such data or electronic records are kept by the agency, or in a standard export format such as a flat file electronic American Standard Code for Information Interchange (ASCII) format, if the agency's existing computer programs support such an export format. In such instance, the data or electronic records shall be downloaded in such format onto suitable electronic media by the agency. No public officer or agency shall be required to prepare new reports, summaries, or compilations not in existence at the time of the request. Where information requested is maintained by computer, an agency may charge the public its actual cost of a computer disk or tape onto which the information is transferred and may charge for the administrative time involved as set forth in subsection (d) of this Code section. (g) Requests to inspect or copy electronic messages, whether in the form of e-mail, text message, or other format, should contain information about the messages that is reasonably calculated to allow the recipient of the request to locate the messages sought, including, if known, the name, title, or office of the specific person or persons whose electronic messages are sought and, to the extent possible, the specific data bases

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to be searched for such messages. Whenever any person has requested one or more copies of a public record and such person does not pay the copying charges and charges for search, retrieval, or other direct administrative costs in accordance with the provisions of this Code section:
(1) A county or a department, agency, board, bureau, commission, authority, or similar body of a county is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county; (2) A municipal corporation or a department, agency, board, bureau, commission, authority, or similar body of a municipal corporation is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation; (3) A consolidated government or a department, agency, board, bureau, commission, authority, or similar body of a consolidated government is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the consolidated government; (4) A county school board or a department, agency, board, bureau, commission, authority, or similar body of a county school board is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county; (5) An independent school board or a department, agency, board, bureau, commission, authority, or similar body of an independent school board is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation; and (6) A joint or regional authority or instrumentality which serves one or more counties and one or more municipal corporations, two or more counties, or two or more municipal corporations is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county if a county is involved with the authority or instrumentality or in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation if a municipal corporation is involved with the authority or instrumentality. This subsection shall apply whether or not the person requesting the copies has appeared to receive the copies. (h) In lieu of providing separate printouts or copies of records or data, an agency may provide access to records through a website accessible by the public. However, if an agency receives a request for data fields, an agency shall not refuse to provide the responsive data on the grounds that the data is available in whole or in its constituent parts through a website if the requester seeks the data in the electronic format in which it is kept. Additionally, if an agency contracts with a private vendor to collect or maintain public records, the agency shall ensure that the arrangement does not limit public access to those records. (i) Any computerized index of county real estate deed records shall be printed for purposes of public inspection no less than every 30 days, and any correction made on

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such index shall be made a part of the printout and shall reflect the time and date that such index was corrected.
50-18-71.1. (a) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case or, if no judge has been assigned, approval of the chief judge or, if no judge has been designated chief judge, approval of the judge most senior in length of service on the court. (b) Except as provided in subsection (d) of this Code section, in the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following representations of the exhibit:
(1) A photograph; (2) A photocopy; (3) A facsimile; or (4) Another reproduction. (c) The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71 shall apply to fees, costs, and charges for providing a photocopy of such an exhibit. Fees for providing a photograph, facsimile, or other reproduction of such an exhibit shall not exceed the cost of materials or supplies and a reasonable charge for time spent producing the photograph, facsimile, or other reproduction, in accordance with subsections (d) and (e) of Code Section 50-18-71. (d) Any physical evidence that is evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil trial, shall not be open to public inspection except as provided in subsection (a) of this Code section. If the judge approves inspection of such physical evidence, the judge shall designate, in writing, the location where such physical evidence may be inspected, which location shall be in a facility owned or operated by an agency of state or local government. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who violates the provisions of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $100,000.00, or both.
50-18-71.2. Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee; provided, however, that no new fees other than those directly attributable to providing access shall be assessed where records are made available by electronic means.

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50-18-72. (a) Public disclosure shall not be required for records that are:
(1) Specifically required by federal statute or regulation to be kept confidential; (2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy; (3) Except as otherwise provided by law, records compiled for law enforcement or prosecution purposes to the extent that production of such records would is reasonably likely to disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation; (4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said such investigation and prosecution has become final or otherwise terminated; and provided, further, that this paragraph shall not apply to records in the possession of an agency that is the subject of the pending investigation or prosecution; (4.1)(5) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided, further, that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a party to the accident; (B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident; (F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident;

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(H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; (J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, that this subparagraph will shall apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, street address, telephone number, and driver's license number redacted; or (K) Is a governmental official, entity, or agency, or an authorized agent thereof, requesting reports for the purpose of carrying out governmental functions or legitimate governmental duties; (4.2)(6) Jury list data, including, but not limited to, persons' names, dates of birth, addresses, ages, race, gender, telephone numbers, social security numbers, and when it is available, the person's ethnicity, and other confidential identifying information that is collected and used by the Council of Superior Court Clerks of Georgia for creating, compiling, and maintaining state-wide master jury lists and county master jury lists for the purpose of establishing and maintaining county jury source lists pursuant to the provisions of Chapter 12 of Title 15; provided, however, that when ordered by the judge of a court having jurisdiction over a case in which a challenge to the array of the grand or trial jury has been filed, the Council of Superior Court Clerks of Georgia or the clerk of the county board of jury commissioners of any county shall provide data within the time limit established by the court for the limited purpose of such challenge. Neither the Council of Superior Court Clerks of Georgia nor the clerk of a county board of jury commissioners shall be liable for any use or misuse of such data; (5)(7) Records that consist consisting of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records (8) Records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged; (6)(A)(9) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned; and (B)(10) Pending Engineers' cost estimates and pending, rejected, or deferred sealed bids or sealed proposals and cost estimates related thereto until such time as the final award of the contract is made or the project is terminated or abandoned. The provisions of this subparagraph shall apply whether the bid or proposal is received or

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prepared by the Department of Transportation pursuant to Article 4 of Chapter 2 of Title 32, by a county pursuant to Article 3 of Chapter 4 of Title 32, by a municipality pursuant to Article 4 of Chapter 4 of Title 32, or by a governmental entity pursuant to Article 2 of Chapter 91 of Title 36, or the sealed bids or proposals are publicly opened, whichever first occurs; (7)(11) Records which Notwithstanding any other provision of this article, an agency shall not be required to release those portions of records which would identify persons applying for or under consideration for employment or appointment as executive head of an agency as that term is defined in paragraph (1) of subsection (a) of Code Section 50-14-1, or of a unit of the University System of Georgia; provided, however, that at least 14 calendar days prior to the meeting at which final action or vote is to be taken on the position, the agency shall release all documents which came into its possession with respect to as many as concerning as many as three persons under consideration whom the agency has determined to be the best qualified for the position and from among whom the agency intends to fill the position shall be subject to inspection and copying. Prior to the release of these documents, an agency may allow such a person to decline being considered further for the position rather than have documents pertaining to the such person released. In that event, the agency shall release the documents of the next most qualified person under consideration who does not decline the position. If an agency has conducted its hiring or appointment process open to the public without conducting interviews in executive session in a manner otherwise consistent with Chapter 14 of this title, it shall not be required to delay 14 days to take final action on the position. The agency shall not be required to release such records with respect to of other applicants or persons under consideration, except at the request of any such person. Upon request, the hiring agency shall furnish the number of applicants and the composition of the list by such factors as race and sex. The agency shall not be allowed to avoid the provisions of this paragraph by the employment of a private person or agency to assist with the search or application process; (8)(12) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Budget and Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly; (9)(13) Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Board of Regents of the University System of Georgia when the owner or donor of such records wishes to place restrictions on access to the records. No restriction on access, however, may extend more than 75 years from the date of donation or sale. This exemption shall not apply to any records prepared in the course of the operation of state or local governments of the State of Georgia;

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(10)(14) Records that contain information from the Department of Natural Resources inventory and register relating to the location and character of a historic property or of historic properties as those terms are defined in Code Sections 12-3-50.1 and 12-350.2 if the Department of Natural Resources through its Division of Historic Preservation determines that disclosure will create a substantial risk of harm, theft, or destruction to the property or properties or the area or place where the property or properties are located; (10.1)(15) Records of farm water use by individual farms as determined by watermeasuring devices installed pursuant to Code Section 12-5-31 or 12-5-105; provided, however, that compilations of such records for the 52 large watershed basins as identified by the eight-digit United States Geologic Survey hydrologic code or an aquifer that do not reveal farm water use by individual farms shall be subject to disclosure under this article; (10.2)(16) Agricultural or food system records, data, or information that are considered by the Georgia Department of Agriculture to be a part of the critical infrastructure, provided that nothing in this paragraph shall prevent the release of such records, data, or information to another state or federal agency if the release of such records, data, or information is necessary to prevent or control disease or to protect public health, safety, or welfare. As used in this paragraph, the term 'critical infrastructure' shall have the same meaning as in 42 U.S.C. Section 5195c(e). Such records, data, or information shall be subject to disclosure only upon the order of a court of competent jurisdiction; (10.3)(17) Records, data, or information collected, recorded, or otherwise obtained that is deemed confidential by the Georgia Department of Agriculture for the purposes of the national animal identification system, provided that nothing in this paragraph shall prevent the release of such records, data, or information to another state or federal agency if the release of such records, data, or information is necessary to prevent or control disease or to protect public health, safety, or welfare. As used in this paragraph, the term 'national animal identification program' means a national program intended to identify animals and track them as they come into contact with or commingle with animals other than herdmates from their premises of origin. Such records, data, or information shall be subject to disclosure only upon the order of a court of competent jurisdiction; (11)(18) Records that contain site specific site-specific information regarding the occurrence of rare species of plants or animals or the location of sensitive natural habitats on public or private property if the Department of Natural Resources determines that disclosure will create a substantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located; provided, however, that the owner or owners of private property upon which rare species of plants or animals occur or upon which sensitive natural habitats are located shall be entitled to such information pursuant to this article; (11.1) An individual's social security number and insurance or medical information in personnel records, which may be redacted from such records;

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(11.2)(19) Records that would reveal the names, home addresses, telephone numbers, security codes, e-mail addresses, or any other data or information developed, collected, or received by counties or municipalities in connection with neighborhood watch or public safety notification programs or with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; provided, however, that initial police reports and initial incident reports shall remain subject to disclosure pursuant to paragraph (4) of this subsection;
(11.3)(20)(A) Records that reveal an An individual's social security number, mother's birth name, credit card information, debit card information, bank account information, account number, including a utility account number, password used to access his or her account, financial data or information, and insurance or medical information in all records, and unlisted telephone number if so designated in a public record, personal e-mail address or cellular telephone number, if technically feasible at reasonable cost, day and month of birth, which and information regarding public utility, television, Internet, or telephone accounts held by private customers, provided that nonitemized bills showing amounts owed and amounts paid shall be available. Items exempted by this subparagraph shall be redacted prior to disclosure of any record requested pursuant to this article; provided, however, that such information shall not be redacted from such records if the person or entity requesting such records requests such information in a writing signed under oath by such person or a person legally authorized to represent such entity which states that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting; and provided, further, that such access shall be limited to social security numbers and day and month of birth; and provided, further, that this the news media organization exception for access to social security numbers and day and month of birth and the other protected information set forth in this subparagraph shall not apply to teachers, employees of a public school, or public employees as set forth in paragraph (13.1) (21) of this subsection. For purposes of this subparagraph, the term 'public employee' means any nonelected employee of the State of Georgia or its agencies, departments, or commissions or any county or municipality or its agencies, departments, or commissions. (B) This paragraph shall have no application to:
(i) The disclosure of information contained in the records or papers of any court or derived therefrom including without limitation records maintained pursuant to Article 9 of Title 11; (ii) The disclosure of information to a court, prosecutor, or publicly employed law enforcement officer, or authorized agent thereof, seeking records in an official capacity; (iii) The disclosure of information to a public employee of this state, its political subdivisions, or the United States who is obtaining such information for administrative purposes, in which case, subject to applicable laws of the United

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States, further access to such information shall continue to be subject to the provisions of this paragraph; (iv) The disclosure of information as authorized by the order of a court of competent jurisdiction upon good cause shown to have access to any or all of such information upon such conditions as may be set forth in such order; (v) The disclosure of information to the individual in respect of whom such information is maintained, with the authorization thereof, or to an authorized agent thereof; provided, however, that the agency maintaining such information shall require proper identification of such individual or such individual's agent, or proof of authorization, as determined by such agency; (vi) The disclosure of the day and month of birth and mother's birth name of a deceased individual; (vii) The disclosure by an agency of credit or payment information in connection with a request by a consumer reporting agency as that term is defined under the federal Fair Credit Reporting Act (15 U.S.C. Section 1681, et seq.); (viii) The disclosure by an agency of information in its records in connection with the agency's discharging or fulfilling of its duties and responsibilities, including, but not limited to, the collection of debts owed to the agency or individuals or entities whom the agency assists in the collection of debts owed to the individual or entity; (ix) The disclosure of information necessary to comply with legal or regulatory requirements or for legitimate law enforcement purposes; or (x) The disclosure of the date of birth within criminal records. (C) Records and information disseminated pursuant to this paragraph may be used only by the authorized recipient and only for the authorized purpose. Any person who obtains records or information pursuant to the provisions of this paragraph and knowingly and willfully discloses, distributes, or sells such records or information to an unauthorized recipient or for an unauthorized purpose shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished as provided in Code Section 17-10-4. Any person injured thereby shall have a cause of action for invasion of privacy. Any prosecution pursuant to this paragraph shall be in accordance with the procedure in subsection (b) of Code Section 50-18-74. (D) In the event that the custodian of public records protected by this paragraph has good faith reason to believe that a pending request for such records has been made fraudulently, under false pretenses, or by means of false swearing, such custodian shall apply to the superior court of the county in which such records are maintained for a protective order limiting or prohibiting access to such records. (E) This paragraph shall supplement and shall not supplant, overrule, replace, or otherwise modify or supersede any provision of statute, regulation, or law of the federal government or of this state as now or hereafter amended or enacted requiring, restricting, or prohibiting access to the information identified in

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subparagraph (A) of this paragraph and shall constitute only a regulation of the methods of such access where not otherwise provided for, restricted, or prohibited; (21) Records concerning public employees that reveal the public employee's home address, home telephone number, day and month of birth, social security number, insurance or medical information, mother's birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data or information other than compensation by a government agency, unlisted telephone number if so designated in a public record, and the identity of the public employee's immediate family members or dependents. This paragraph shall not apply to public records that do not specifically identify public employees or their jobs, titles, or offices. For the purposes of this paragraph, the term 'public employee' means any officer or employee of: (A) The State of Georgia or its agencies, departments, or commissions; (B) Any county or municipality or its agencies, departments, or commissions; (C) Other political subdivisions of this state; (D) Teachers in public and charter schools and nonpublic schools; or (E) Early care and education programs administered through the Department of Early Care and Learning; (22) Records of the Department of Early Care and Learning that contain the: (A) Names of children and day and month of each child's birth; (B) Names, addresses, telephone numbers, or e-mail addresses of parents, immediate family members, and emergency contact persons; or (C) Names or other identifying information of individuals who report violations to the department; (12)(23) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic signature, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term 'electronic signature' has the same meaning as that term is defined in Code Section 10-12-2; (13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue, law enforcement officers, firefighters as defined in Code Section 25-4-2, judges, emergency medical technicians and paramedics, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors or identification of immediate family members or dependents thereof; (13.1) Records that reveal the home address, the home telephone number, the e-mail address, or the social security number of or insurance or medical information about public employees or teachers and employees of a public school. For the purposes of this paragraph, the term 'public school' means any school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education. Public disclosure shall also not be required for

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records that reveal the home address, the home telephone number, the e-mail address, or the social security number of or insurance or medical information about employees or teachers of a nonpublic school; (13.2) Records that are kept by the probate court pertaining to guardianships and conservatorships except as provided in Code Section 29-9-18; (14)(24) Records acquired Acquired by an agency for the purpose of establishing or implementing, or assisting in the establishment or implementation of, a carpooling or ridesharing program, to the extent such records would reveal the name, home address, employment address, home telephone number, employment telephone number, or hours of employment of any individual or would otherwise identify any individual who is participating in, or who has expressed an interest in participating in, any such program. As used in this paragraph, the term 'carpooling or ridesharing program' means and includes including, but is not limited to, the formation of carpools, vanpools, or buspools, the provision of transit routes, rideshare research, and the development of other demand management strategies such as variable working hours and telecommuting;
(15)(25)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following:
(i) Security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (ii) Any plan for protection against terrorist or other attacks, which plan that depends for its effectiveness in whole or in part upon a lack of general public knowledge of its details; (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices that depend for their effectiveness in whole or in part upon a lack of general public knowledge; (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts; and (v) Records of any government sponsored programs concerning training relative to governmental security measures which would identify persons being trained or instructors or would reveal information described in divisions (i) through (iv) of this subparagraph. (B) In the event of litigation challenging nondisclosure pursuant to this paragraph by an agency of a document covered by this paragraph, the court may review the documents in question in camera and may condition, in writing, any disclosure upon such measures as the court may find to be necessary to protect against endangerment of life, safety, or public property. (C) As used in divisions division (i) and (iv) of subparagraph (A) of this paragraph, the term 'activity' means deployment or surveillance strategies, actions mandated by

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changes in the federal threat level, motorcades, contingency plans, proposed or alternative motorcade routes, executive and dignitary protection, planned responses to criminal or terrorist actions, after-action reports still in use, proposed or actual plans and responses to bioterrorism, and proposed or actual plans and responses to requesting and receiving the National Pharmacy Stockpile; (16)(26) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency 9-1-1 system, as defined in paragraph (3) of Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which. Such information may be redacted from such records if necessary to prevent the disclosure of the identity of a confidential source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation; (17)(27) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted; (18)(28) Records of the State Road and Tollway Authority which would reveal the financial accounts or travel history of any individual who is a motorist upon such any toll project. Such financial records shall include but not be limited to social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the user's name; (19)(29) Records maintained by public postsecondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors to such institutions or foundations; provided, however, that the name of any donor and the amount of donation made by such donor shall be subject to disclosure if such donor or any entity in which such donor has a substantial interest transacts business with the public postsecondary educational institution to which the donation is made within three years of the date of such donation. As used in this paragraph, the term 'transact business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative in an amount in excess of $10,000.00 in the aggregate in a calendar year; and the term 'substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of an entity; (20)(30) Records of the Metropolitan Atlanta Rapid Transit Authority or of any other transit system that is connected to that system's TransCard, or SmartCard, or successor or similar system which would reveal the financial records or travel history of any individual who is a purchaser of a TransCard, or SmartCard, or successor or similar fare medium. Such financial records shall include, but not be limited to, social security number, home address, home telephone number, e-mail address, credit or

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debit card information, and bank account information but shall not include the user's name; (21)(31) Building mapping information produced and maintained pursuant to Article 10 of Chapter 3 of Title 38; (22)(32) Notwithstanding the provisions of paragraph (4) of this subsection, any physical evidence or investigatory materials that are evidence of an alleged violation of Part 2 of Article 3 of Chapter 12 of Title 16, which and are in the possession, custody, or control of law enforcement, prosecution, or regulatory agencies; or (23)(33) Records that are expressly exempt from public inspection pursuant to Code Sections 47-1-14 and 47-7-127.; (34) Any trade secrets obtained from a person or business entity that are required by law, regulation, bid, or request for proposal to be submitted to an agency. An entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10. If such entity attaches such an affidavit, before producing such records in response to a request under this article, the agency shall notify the entity of its intention to produce such records as set forth in this paragraph. If the agency makes a determination that the specifically identified information does not in fact constitute a trade secret, it shall notify the entity submitting the affidavit of its intent to disclose the information within ten days unless prohibited from doing so by an appropriate court order. In the event the entity wishes to prevent disclosure of the requested records, the entity may file an action in superior court to obtain an order that the requested records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor with a copy of its court filing. If the agency makes a determination that the specifically identified information does constitute a trade secret, the agency shall withhold the records, and the requester may file an action in superior court to obtain an order that the requested records are not trade secrets and are subject to disclosure; (b) This article shall not be applicable to: (1)(35) Data Any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of, or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented; (2)(36) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, or as a result of, study or research on

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medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity, until such information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This subsection applies paragraph shall apply to, but is shall not be limited to, information provided by participants in research, research notes and data, discoveries, research projects, methodologies, protocols, and creative works; or (37) Any record that would not be subject to disclosure, or the disclosure of which would jeopardize the receipt of federal funds, under 20 U.S.C. Section 1232g or its implementing regulations; (3)(38) Unless otherwise provided by law, contract, bid, or proposal, records consisting of questions, scoring keys, and other materials, constituting a test that derives value from being unknown to the test taker prior to administration, which is to be administered by an agency, including, but not limited to, any public school, any unit of the Board of Regents of the University System of Georgia, any public technical school, the State Board of Education, the Office of Student Achievement, the Professional Standards Commission, or a local school system, if reasonable measures are taken by the owner of the test to protect security and confidentiality; provided, however, that the State Board of Education may establish procedures whereby a person may view, but not copy, such records if viewing will not, in the judgment of the board, affect the result of administration of such test. These limitations shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.; (c)(1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article or any other provision of law. (2)(39) Records disclosing 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 Public 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.; (d)(40) Any 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, 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, except to the

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extent that such records relating to licensing and possession of firearms are sought by law enforcement agencies as provided by law.; (e) This article shall not be construed to repeal: (1)(41) Records containing communications subject to the The attorney-client privilege recognized by state law to the extent that a record pertains to the requesting or giving of legal advice or the disclosure of facts concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; provided, however, attorney-client information; provided, however, that this paragraph shall not apply to the factual findings, but shall apply to the legal conclusions, of an attorney conducting an investigation on behalf of an agency so long as such investigation does not pertain to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; and provided, further, that such investigations conducted by hospital authorities to ensure compliance with federal or state law, regulations, or reimbursement policies shall be exempt from disclosure if such investigations are otherwise subject to the attorney-client privilege. Attorneyclient communications, however, may be obtained in a proceeding under Code Section 50-18-73 to prove justification or lack thereof in refusing disclosure of documents under this Code section provided the judge of the court in which said such proceeding is pending shall first determine by an in camera examination that such disclosure would be relevant on that issue. In addition, when an agency withholds information subject to this paragraph, any party authorized to bring a proceeding under Code Section 50-18-73 may request that the judge of the court in which such proceeding is pending determine by an in camera examination whether such information was properly withheld; (2)(42) Confidential The confidentiality of attorney work product; provided, however, that this paragraph shall not apply to the factual findings, but shall apply to the legal conclusions, of an attorney conducting an investigation on behalf of an agency so long as such investigation does not pertain to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; and provided, further, that such investigations conducted by hospital authorities to ensure compliance with federal or state law, regulations, or reimbursement policies shall be exempt from disclosure if such investigations are otherwise subject to confidentiality as attorney work product. In addition, when an agency withholds information subject to this paragraph, any party authorized to bring a proceeding under Code Section 5018-73 may request that the judge of the court in which such proceeding is pending determine by an in camera examination whether such information was properly withheld; or (3)(43) Records containing State laws making certain tax matters or tax information that is confidential. under state or federal law; or (f)(1) As used in this article, the term:

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(A) 'Computer program' means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions. (B) 'Computer software' means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation. (2)(44) Records consisting of This article shall not be applicable to any computer program or computer software used or maintained in the course of operation of a public office or agency; provided, however, that data generated, kept, or received by an agency shall be subject to inspection and copying as provided in this article. (g)(b) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying. (h) Within the three business days applicable to response to a request for access to records under this article, the public officer or agency having control of such record or records, if access to such record or records is denied in whole or in part, shall specify in writing the specific legal authority exempting such record or records from disclosure, by Code section, subsection, and paragraph. No addition to or amendment of such designation shall be permitted thereafter or in any proceeding to enforce the terms of this article; provided, however, that such designation may be amended or supplemented one time within five days of discovery of an error in such designation or within five days of the institution of an action to enforce this article, whichever is sooner; provided, further, that the right to amend or supplement based upon discovery of an error may be exercised on only one occasion. In the event that such designation includes provisions not relevant to the subject matter of the request, costs and reasonable attorney's fees may be awarded pursuant to Code Section 50-18-73. (c)(1) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case. (2) Except as provided in subsection (d) of this Code section, in the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following: (A) A photograph; (B) A photocopy; (C) A facsimile; or (D) Another reproduction. (3) The provisions of this article regarding fees for production of a record, including, but not limited to, subsections (c) and (d) of Code Section 50-18-71, shall apply to exhibits produced according to this subsection. (d) Any physical evidence that is used as an exhibit in a criminal or civil trial to show or support an alleged violation of Part 2 of Article 3 of Chapter 12 of Title 16 shall not be open to public inspection except by court order. If the judge approves inspection of such physical evidence, the judge shall designate, in writing, the facility owned or

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operated by an agency of the state or local government where such physical evidence may be inspected. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who violates the provisions of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $100,000.00, or both.
50-18-73. (a) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. In addition, the Attorney General shall have authority to bring such actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this article and to seek either civil or criminal penalties or both. (b) In any action brought to enforce the provisions of this chapter in which the court determines that either party acted without substantial justification either in not complying with this chapter or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought. (c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having provided access to such information such decision.
50-18-74. (a) Any person or entity knowingly and willfully violating the provisions of this article by failing or refusing to provide access to records not subject to exemption from this article, or by knowingly and willingly failing or refusing to provide access to such records within the time limits set forth in this article, or by knowingly and willingly frustrating or attempting to frustrate the access to records by intentionally making records difficult to obtain or review shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 for the first violation. Alternatively, a civil penalty may be imposed by the court in any civil action brought pursuant to this article against any person who violates the terms of this article in an amount not to exceed $100.00 $1,000.00 for the first violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may be imposed for each additional violation that the violator commits within a 12 month period from the date the first penalty or fine was imposed. It shall be a defense to any criminal action under this Code section that a person has acted in good faith in his or her actions. In addition,

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persons or entities that destroy records for the purpose of preventing their disclosure under this article may be subject to prosecution under Code Section 45-11-1. (b) A prosecution under this Code section may only be commenced by issuance of a citation in the same manner as an arrest warrant for a peace officer pursuant to Code Section 17-4-40, which citation shall be personally served upon the accused. The defendant shall not be arrested prior to the time of trial, except that a defendant who fails to appear for arraignment or trial may thereafter be arrested pursuant to a bench warrant and required to post a bond for his or her future appearance.
50-18-75. Communications between the Office of Legislative Counsel and the following persons shall be privileged and confidential: members of the General Assembly, the Lieutenant Governor, and persons acting on behalf of such public officers; and such communications, and records and work product relating to such communications, shall not be subject to inspection or disclosure under this article or any other law or under judicial process; provided, however, that this privilege shall not apply where it is waived by the affected public officer or officers. The privilege established under this Code section is in addition to any other constitutional, statutory, or common law privilege.
50-18-76. No form, document, or other written matter which is required by law or rule or regulation to be filed as a vital record under the provisions of Chapter 10 of Title 31, which contains information which is exempt from disclosure under Code Section 3110-25, and which is temporarily kept or maintained in any file or with any other documents in the office of the judge or clerk of any court prior to filing with the Department of Public Health shall be open to inspection by the general public, even though the other papers or documents in such file may be open to inspection.
50-18-77. The procedures and fees provided for in this article shall not apply to public records, including records that are exempt from disclosure pursuant to Code Section 50-18-72, which are requested in writing by a state or federal grand jury, taxing authority, law enforcement agency, or prosecuting attorney in conjunction with an ongoing administrative, criminal, or tax investigation. The lawful custodian shall provide copies of such records to the requesting agency unless such records are privileged or disclosure to such agencies is specifically restricted by law."
SECTION 3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (c) of Code Section 15-12-11, relating to appointment of court personnel in certain counties, juror questionnaires, and construction with other laws, as follows:

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"(c) Juror questionnaires shall be confidential and shall be exempt from public disclosure pursuant to Code Section 50-18-70 Article 4 of Chapter 18 of Title 50; provided, however, that jury questionnaires shall be provided to the court and to the parties at any stage of the proceedings, including pretrial, trial, appellate, or postconviction proceedings, and shall be made a part of the record under seal. The information disclosed to a party pursuant to this subsection shall only be used by the parties for purposes of pursuing a claim, defense, or other issue in the case."
SECTION 4. Said title is further amended by revising paragraph (10) of subsection (a) of Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to duties of sheriffs, as follows:
"(10) To develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex. Prior to the implementation of any security plan, the plan shall be submitted to the chief judge of the superior court of the circuit wherein the courthouse or courthouse annex is located for review. The chief judge shall have 30 days to review the original or any subsequent security plan. The chief judge may make modifications to the original or any subsequent security plan. The sheriff shall provide to the county governing authority the estimated cost of any security plan and a schedule for implementation 30 days prior to adoption of any security plan. A comprehensive plan for courthouse security shall be considered a confidential matter of public security. Review of a proposed security plan by the governing authority shall be excluded from the requirements of Code Section 50-14-1 and any such review shall take place as provided in Code Section 50-14-3. Such security plan shall also be excluded from public disclosure pursuant to paragraph (15) (25) of subsection (a) of Code Section 50-18-72. The sheriff shall be the official custodian of the comprehensive courthouse security plan and shall determine who has access to such plan and any such access and review shall occur in the sheriff's office or at a meeting of the county governing authority held as provided in paragraph (9) (4) of subsection (b) of Code Section 50-14-3; provided, however, that the sheriff shall make the original security plan available upon request for temporary, exclusive review by any judge whose courtroom or chambers is located within the courthouse or courthouse annex or by any commissioner of the county in which the courthouse or courthouse annex is located. The sheriff shall be responsible to conduct a formal review of the security plan not less than every four years."
SECTION 5. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraph (2) of subsection (a) of Code Section 20-2-55, relating to per diem, insurance, and expenses of local board members, as follows:
"(2) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at a meeting, as defined in paragraph

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(2) (3) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at a meeting, as defined in paragraph (2) (3) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2010."
SECTION 6. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subsection (b) of Code Section 31-7-402, relating to content and form of notice to Attorney General, retention of experts, and payment of costs and expenses, as follows:
"(b) The Attorney General may prescribe a form of notice to be utilized by the seller or lessor and the acquiring entity and may require information in addition to that specified in this article if the disclosure of such information is determined by the Attorney General to be in the public interest. The notice to the Attorney General required by this article and all documents related thereto shall be considered public records pursuant to Code Section 50-18-70 Article 4 of Chapter 18 of Title 50."
SECTION 7. Said title is further amended by revising subsection (a) of Code Section 31-7-405, relating to public hearing, expert or consultant required to testify, testimony, and representative of acquiring entity to testify, as follows:
"(a) Within 60 days after receipt of the notice under this article, the Attorney General shall conduct a public hearing regarding the proposed transaction in the county in which the main campus of the hospital is located. At such hearing, the Attorney General shall provide an opportunity for those persons in favor of the transaction, those persons opposed to the transaction, and other interested persons to be heard. The Attorney General shall also receive written comments regarding the transaction from any interested person, and such written comments shall be considered public records pursuant to Code Section 50-18-70 Article 4 of Chapter 18 of Title 50."
SECTION 8. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (c) of Code Section 33-2-8.1, relating to purpose of Code section, preparation by Commissioner of supplemental report on property and casualty insurance, contents of report, and request for information, as follows:

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"(c) The Commissioner shall investigate every licensed property and casualty insurer that is designated by the National Association of Insurance Commissioners as needing immediate or targeted regulatory attention and shall include in his report the number of such insurers which his investigation confirms are in need of immediate or targeted regulatory attention and the names of such insurers which are in formal rehabilitation, liquidation, or conservatorship. The Commissioner shall obtain from the National Association of Insurance Commissioners the necessary information to implement this subsection and, notwithstanding the provisions of Code Section 50-18-70 Article 4 of Chapter 18 of Title 50, shall withhold from public inspection any such information received from the National Association of Insurance Commissioners under an expectation of confidentiality."
SECTION 9. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsection (d) of Code Section 36-76-6, relating to franchise fees, as follows:
"(d) The statements made pursuant to subsection (b) of this Code section and any records or information furnished or disclosed by a cable service provider or video service provider to an affected local governing authority pursuant to subsection (c) of this Code section shall be exempt from public inspection under Code Section 50-18-70 Article 4 of Chapter 18 of Title 50."
SECTION 10. Code Section 38-3-152 of the Official Code of Georgia Annotated, relating to creation and operation of building mapping information system, availability to government agencies, rules and regulations, federal funding sources, exemption of information from public disclosure, recommendations for training guidelines, and limitations, is amended by revising subsection (f) as follows:
"(f) Information provided to the agency under this article shall be exempt from public disclosure to the extent provided in paragraph (21) (31) of subsection (a) of Code Section 50-18-72."
SECTION 11. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, is amended by revising subsection (b) as follows:
"(b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. Georgia Uniform Motor Vehicle Accident Reports shall be subject to disclosure pursuant to paragraph (4.1) (5) of subsection (a) of Code Section 50-18-

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72. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721."
SECTION 12. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising paragraph (4) of Code Section 43-34-7, relating to maintenance of roster by Georgia Composite Medical Board and confidentiality, as follows:
"(4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes; provided, however, that such deliberations may be released only to another state or federal enforcement agency or lawful licensing authority. Releasing the documents pursuant to this paragraph shall not subject any otherwise privileged documents to the provisions of Code Section 50-18-70 Article 4 of Chapter 18 of Title 50."
SECTION 13. Code Section 45-6-6 of the Official Code of Georgia Annotated, relating to office property kept by officers subject to inspection by citizens, is amended by revising such Code section as follows:
"45-6-6. All books, papers, and other office property kept by any public officer under the laws of this state shall be subject to the inspection of all the citizens of this state within office hours every day except Sundays and holidays may be copied or inspected subject to the requirements of Article 4 of Chapter 18 of Title 50."
SECTION 14. Title 46 of the Official Code of Georgia Annotated, relating to public utilities, is amended by revising paragraph (13) of subsection (b) of Code Section 46-5-1, relating to exercise of power of eminent domain by telephone and telegraph companies; placement of posts and other fixtures; regulation of construction of fixtures, posts, and wires near railroad tracks; liability of telegraph and telephone companies for damages; required information; and due compensation, as follows:
"(13) The information provided pursuant to paragraph (1) of this subsection and any records or information furnished or disclosed by a telegraph or telephone company to an affected municipal authority pursuant to paragraph (12) of this subsection shall be exempt from public inspection under Code Section 50-18-70 Article 4 of Chapter 18 of Title 50. It shall be the duty of such telegraph or telephone company to mark all such documents as exempt from Code Section 50-18-70, et seq. Article 4 of Chapter 18 of Title 50, and the telegraph or telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records."

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SECTION 15. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (b) of Code Section 50-1-5, relating to meetings by teleconference or other similar means, as follows:
"(b) Nothing in this Code section shall eliminate any otherwise applicable requirement for giving notice of any meeting. Likewise, nothing in this Code section shall create a requirement for giving notice of any meeting where it does not otherwise exist. The notice shall list each location where any member of the board, body, or committee plans to participate in the meeting if the meeting is otherwise open to the public; provided, however, it shall not be grounds to contest any actions of the board, body, or committee as provided in Code Section 50-14-1 if a member participates from a location other than the location listed in the notice. At a minimum, the notice shall list one specific location where the public can participate in the meeting if the meeting is otherwise open to the public. The notice shall further conform with the notice provisions of 'due notice' as provided in Code Section 50-14-1. Any meeting which is otherwise required by law to be open to the public shall be open to the public at each location listed in the notice or where any member of the board, body, or committee participates in the meeting."
SECTION 16. Said title is further amended by revising subsection (c) of Code Section 50-17-22, relating to the State Financing and Investment Commission, as follows:
"(c) Meetings. The commission shall hold regular meetings as it deems necessary, but, in any event, not less than one meeting shall be held in each calendar quarter. The commission shall meet at the call of the chairperson, vice chairperson, or secretary and treasurer or a majority of the members of the commission. Meetings of the commission shall be subject to Chapter 14 of this title, and its records shall be subject to Code Sections 50-18-70 and 50-18-71 Article 4 of Chapter 18 of Title 50. The commission shall approve the issuance of public debt, as hereinafter provided, adopt and amend bylaws, and establish salaries and wages of employees of the commission only upon the affirmative vote of a majority of its members; all other actions of the commission may be taken upon the affirmative vote of a majority of a quorum present. A quorum shall consist of a majority of the members of the commission. If any vote is less than unanimous, the vote shall be recorded in the minutes of the commission."
SECTION 17. Said title is further amended by revising subsection (a) of Code Section 50-29-2, relating to authority of public agencies that maintain geographic information systems to contract for the provision of services, fees, and contract provisions, as follows:
"(a) Notwithstanding subsection (f) of Code Section 50-18-71 or Code Section 50-1871.2 the provisions of Article 4 of Chapter 18 of Title 50, a county or municipality of the State of Georgia, a regional commission, or a local authority created by local or general law that has created or maintains a geographic information system in electronic form may contract to distribute, sell, provide access to, or otherwise market records or

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information maintained in such system and may license or establish fees for providing such records or information or providing access to such system."

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell
Benfield Y Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes N Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell E Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak E Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall
Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B E Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 5.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Clark of the 98th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 717. By Representatives Houston of the 170th, Carter of the 175th, Purcell of the 159th, Meadows of the 5th and Drenner of the 86th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dangerous dog control, so as to provide for criminal penalties for certain owners who fail to secure their dog resulting in the dog inflicting severe injury or death on a human being; 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 BE ENTITLED AN ACT
To amend Code Section 4-8-43 of the Official Code of Georgia Annotated, relating to penalties for violations of provisions relative to vicious dog ownership, so as to change provisions relating to criminal penalties for failure to comply with law, resulting in the vicious dog inflicting severe injury or death on a human being; 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 4-8-43 of the Official Code of Georgia Annotated, relating to penalties for violations of provisions relative to vicious dog ownership, is amended as follows:
"4-8-43. (a) The owner of a vicious dog who violates Code Section 4-8-42 shall be guilty of a misdemeanor. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $300.00 shall be imposed and for a third or subsequent conviction a fine of not less than $500.00 shall be imposed. (b) If an owner who has a previous conviction for a violation of this article knowingly and willfully fails to comply with the provisions of this article, and such failure results in the vicious dog attacking another human being and causing severe injury or death, such owner shall be guilty of a misdemeanor of high and aggravated nature if the

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owner's vicious dog attacks, bites, causes severe injury, or causes the death of a human being under circumstances constituting another violation of this article felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than three years and a fine of not more than $20,000.00. (c) In addition to the penalties for violations under subsection (b) of this Code section, the vicious dog involved shall be immediately confiscated by the dog control officer or by a law enforcement officer or another person authorized by the dog control officer and placed in quarantine for the proper length of time as determined by the county board of health, and thereafter, the vicious dog shall be destroyed in an expeditious and humane manner."

SECTION 2. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on and after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams N Allison Y Amerson N Anderson N Ashe N Atwood N Baker N Battles E Beasley-Teague N Bell Y Benfield Y Benton N Beverly Y Black N Braddock N Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns N Byrd N Carson Y Carter

Y Davis Y Dawkins-Haigler Y Dempsey N Dickerson Y Dickey E Dickson Y Dobbs N Dollar Y Drenner N Dudgeon N Dukes N Dunahoo N Dutton
Ehrhart Y England
Epps, C Y Epps, J E Evans Y Floyd N Fludd E Frazier N Fullerton N Gardner N Geisinger Y Golick

N Heckstall Y Hembree Y Henson N Hightower Y Hill Y Holcomb Y Holmes N Holt N Horne Y Houston N Howard Y Hudson N Hugley Y Jackson N Jacobs N James N Jasperse N Jerguson Y Johnson Y Jones, J N Jones, S Y Jordan N Kaiser Y Kendrick Y Kidd

N McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan N Morris N Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer N Nix Y Oliver Y O'Neal N Pak Y Parent Y Parrish Y Parsons Y Peake N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey

Y Shaw Sheldon
Y Sims, B E Sims, C E Smith, E Y Smith, K
Smith, L Y Smith, R
Smith, T N Smyre N Spencer N Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T N Teasley N Thomas
VACANT Y Waites Y Watson
Welch

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N Casas N Channell Y Cheokas N Clark, J
Clark, V Y Coleman N Collins N Cooke
Coomer Y Cooper N Crawford

Y Gordon Greene
N Hamilton Y Hanner N Harbin N Harden, B N Harden, M N Harrell N Hatchett N Hatfield Y Heard

Y Knight N Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning N Marin N Martin Y Maxwell E Mayo

N Randall N Reece Y Rice Y Riley Y Roberts N Rogers, C N Rogers, T
Rynders Y Scott, M N Scott, S
Setzler

N Weldon N Wilkerson Y Wilkinson N Willard N Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 82, nays 73.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Sheldon of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Houston of the 170th gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 717.

Representative England of the 108th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 742 Do Pass, by Substitute HR 1160 Do Pass, by Substitute HR 1161 Do Pass, by Substitute

Respectfully submitted, /s/ England of the 108th
Chairman

Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 665 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 49th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 745. By Representatives Welch of the 110th, Ramsey of the 72nd, Cooper of the 41st, Manning of the 32nd, Watson of the 163rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for legislative findings relating to newborn screening for congenital heart defects; to require the Department of Public Health to study whether pulse oximetry screening should be a standard test for all newborns for the detection of congenital heart defects; to provide for a report to legislative committees; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for legislative findings relating to newborn screening for congenital heart defects; to require the Department of Public Health to study whether pulse oximetry screening should be a standard test for all newborns for the detection of congenital heart defects; to provide for a report to legislative committees; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that:

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(1) Congenital heart defects (CHDs) are structural abnormalities of the heart that are present at birth; CHDs range in severity from simple problems, such as holes between chambers of the heart, to severe malformations, such as the complete absence of one or more chambers or valves; some critical CHDs can cause severe and life-threatening symptoms which require intervention within the first days of life; (2) According to the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, congenital heart disease affects approximately seven to nine of every 1,000 live births in the United States and Europe; the federal Centers for Disease Control and Prevention states that CHD is the leading cause of infant death due to birth defects; (3) Current methods for detecting CHDs generally include prenatal ultrasound screening and repeated clinical examinations, but while prenatal ultrasound screenings can detect some major CHDs, these screenings, alone, identify less than one-half of all CHD cases, and critical CHD cases are often missed during routine clinical exams performed prior to a newborn's discharge from a birthing facility; (4) Pulse oximetry is a noninvasive test that estimates the percentage of hemoglobin in blood that is saturated with oxygen; when performed on a newborn a minimum of 24 hours after birth, pulse oximetry screening is often more effective at detecting critical, life-threatening CHDs which otherwise go undetected by current screening methods; newborns with abnormal pulse oximetry results require immediate confirmatory testing and intervention; and (5) Many newborn lives could potentially be saved by earlier detection and treatment of CHDs if birthing facilities were required to perform this simple, noninvasive newborn screening in conjunction with current CHD screening methods.
SECTION 2. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding a new Code section to read as follows:
"31-1-3.3. (a) The Department of Public Health shall undertake a study to determine whether pulse oximetry screening should be implemented as a standard test for newborn infants in this state to aid in detecting congenital heart defects. (b) The study undertaken by the department shall include the review of available data and research findings on this issue to determine whether pulse oximetry screening should be performed as a standard test in conjunction with other current screening methods for congenital heart defects. Said study shall evaluate the fiscal impacts of implementing pulse oximetry screening in Georgia. The department shall complete and submit a report to the Senate Health and Human Services Committee and the House Committee on Health and Human Services no later than the fifth day of the 2013 regular session of the General Assembly. Such report shall include the results, conclusions, and recommendations of the department, including whether proposed legislation should be introduced.

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(c) This Code section shall stand repealed on January 31, 2013."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe N Atwood Y Baker N Battles E Beasley-Teague Y Bell Y Benfield N Benton Y Beverly Y Black N Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns N Byrd Y Carson Y Carter
Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman N Collins N Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner N Dudgeon Y Dukes Y Dunahoo N Dutton
Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner N Geisinger Y Golick Y Gordon Y Greene N Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower N Hill Y Holcomb Y Holmes N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight N Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell E Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice N Riley N Roberts Y Rogers, C Y Rogers, T N Rynders Y Scott, M Y Scott, S N Setzler

Y Shaw Y Sheldon Y Sims, B E Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R N Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 135, nays 26.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Teasley of the 38th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 1049. By Representative Willard of the 49th:
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 change its applicability and requirements; to change certain definitions; to correct certain cross-references; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to require that such information be updated; to provide for notices of delinquency to be sent by the director under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO 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 change its applicability and requirements; to change certain definitions; to correct certain cross-references; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to require that such information be updated; to change certain provisions relating to subscriber billing and liability and the use of proceeds in the Emergency Telephone System Fund; to provide for notices of delinquency to be sent by the director under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 revising paragraph (12.1) of Code Section 46-5-122, relating to definitions, as follows:
"(12.1) 'Prepaid wireless service' means any method pursuant to which a customer pays a wireless service provider in advance for a wireless telecommunications connection. Such term shall include, without limitation, calling or usage privileges

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included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a wireless communication, or an Internet transaction a service where a telephone subscriber pays a wireless service supplier in advance for a wireless telecommunications connection:
(A) That is sold in predetermined units or dollars: (i) The number of which declines with use in a known amount; and
(ii) Which expire without an additional retail purchase of units or dollars; (B) That is not offered in conjunction with other communications services for which the terms permit payment in arrears; and (C) The charges for which are: (i) Not billed to any telephone subscriber or other person; or (ii) Not provided to a telephone subscriber or other person in a monthly statement.
Such term shall include, without limitation, calling or usage privileges included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a call, or an Internet transaction."
SECTION 2. Said part is further amended by revising Code Section 46-5-124.1, relating to the requirement that service suppliers register certain information with the director of emergency management, updating certain information, and notices of delinquency, as follows:
"46-5-124.1. (a) Any service supplier or Voice over Internet Protocol service supplier doing business in Georgia shall register the following information with the director:
(1) The name, address, and telephone number of the representative of the service supplier or Voice over Internet Protocol service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a telephone service connection should be submitted; (2) The name, address, and telephone number of the representative of the service supplier or Voice over Internet Protocol service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a telephone service connection; (3) The counties in Georgia in which the service supplier or Voice over Internet Protocol service supplier is authorized to provide telephone service at the time the filing is made; and (4) Every corporate name under which the service supplier or Voice over Internet Protocol service supplier is authorized to provide telephone service in Georgia. (b) After the initial submission by each service supplier or Voice over Internet Protocol service supplier doing business in this state, the information required by subsection (a) of this Code section shall be updated and submitted to the director by the tenth day of

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January and the tenth day of July of each year or such other semiannual schedule as the director may establish. (c) The director shall send a notice of delinquency to any service supplier or Voice over Internet Protocol service supplier which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service supplier which or Voice over Internet Protocol service supplier that fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service supplier or Voice over Internet Protocol service supplier is in compliance with subsection (b) of this Code section."
SECTION 3. Said part is further amended by revising subsection (e) of Code Section 46-5-134, relating to subscriber billing and liability, taxes on service, establishment of and the use of proceeds in the Emergency Telephone System Fund, and records, as follows:
"(e)(1) A wireless service supplier may recover its costs expended on the implementation and provision of wireless enhanced 9-1-1 services to subscribers in an amount not to exceed 30 of each 9-1-1 charge collected from a place of primary use that is within the geographic area that is served by the local government or would be served by the local government for the purpose of such emergency 9-1-1 system; provided, however, that such amount may be increased to 45 upon implementation of step two of the state plan governing 9-1-1 enhanced communications as provided in subsection (g) of this Code section. Such cost recovery amount shall be based on the actual cost incurred by the wireless service supplier in providing wireless enhanced 91-1 services. (2) A wireless service supplier shall not be authorized to recover any costs under paragraph (1) of this subsection with respect to any prepaid wireless services."
SECTION 4. Said part is further amended by revising Code Section 46-5-134.2, relating to prepaid wireless 9-1-1 charge, definitions, imposition of fee by localities, collection and remission of charges, and distribution of funds, as follows:
"46-5-134.2. (a) As used in this Code section, the term:
(1) 'Commissioner' means the state revenue commissioner. (2) 'Consumer' means a person who purchases prepaid wireless telecommunications service in a retail transaction. (3) 'Department' means the Department of Revenue. (4) 'Prepaid wireless 9-1-1 charge' means the charge that is required to be collected by a seller from a consumer in the amount established under subsection (b) of this Code section.

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(5) 'Prepaid wireless telecommunications service' has the same meaning as prepaid wireless service as such term is defined in Code Section 46-5-122 Reserved. (6) 'Provider' means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission. (7) 'Retail transaction' means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. (8) 'Seller' means a person who sells prepaid wireless telecommunications service to another person. (9) 'Wireless telecommunications service' means commercial mobile radio service as defined by 47 C.F.R. Section 20.3 of Title 47 of the Code of Federal Regulations, as amended. (b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point, including counties and municipalities that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 46-5-138, are authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the amount of 75 cents 75 per retail transaction. Imposition of the fee charge authorized by this Code section by a county or municipality is shall be contingent upon compliance with the requirements of paragraph (1) of subsection (j) of this Code section. (2) Where a county or municipality that operates a 9-1-1 public safety answering point fails to comply with the requirements of paragraph (1) of subsection (j) of this Code section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of such counties and municipalities as a state fee for state purposes. (c) Where a county or municipality imposes a prepaid wireless 9-1-1 charge as authorized by paragraph (1) of subsection (b) of this Code section, or the prepaid wireless 9-1-1 charge is imposed by the State of Georgia by paragraph (2) of subsection (b) of this Code section, the prepaid wireless 9-1-1 charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless 9-1-1 charge shall be either separately stated on an invoice, receipt, or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer. (d) For the purposes of subsection (c) of this Code section, a retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of a prepaid wireless calling service as provided in paragraph (3) of subsection (e) of Code Section 48-8-77. (e) The prepaid wireless 9-1-1 charge shall be the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless 9-1-1 charges that the seller collects from consumers as provided in this Code section, including all such charges that the seller is deemed to collect where the amount

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of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller. (f) The amount of the prepaid wireless 9-1-1 charge that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency. (g) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the amount specified in subsection (b) of this Code section to such transaction. For purposes of this subsection, the term 'minimal' means an amount of service denominated as ten minutes or less, or $5.00 or less. (h) Prepaid wireless 9-1-1 charges collected by sellers shall be remitted to the commissioner at the times and in the manner provided by Chapter 8 of Title 48 with respect to the sales and use tax imposed on prepaid wireless calling service. The commissioner shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to the sale of prepaid wireless calling service under Chapter 8 of Title 48. Audit and appeal procedures applicable under Chapter 8 of Title 48 shall apply to the prepaid wireless 9-1-1 charge. The commissioner shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions under Chapter 8 of Title 48. Nothing in this Code section shall authorize the commissioner to require that sellers of prepaid wireless calling services services identify, report, or specify the jurisdiction within which the retail sale of such services occurred. (i) A seller shall be permitted to deduct and retain 3 percent of prepaid wireless 9-1-1 charges that are collected by the seller from consumers. (j) Prepaid wireless 9-1-1 charges remitted to the commissioner as provided in this Code section shall be distributed to counties, municipalities, and the State of Georgia as follows:
(1) On or before the December 31 of the year prior to the first year that the fee prepaid wireless 9-1-1 charge is imposed, each county and municipal corporation levying the fee prepaid wireless 9-1-1 charge, including counties and municipalities levying the fee prepaid wireless 9-1-1 charge that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 465-138, shall file with the commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which levy the prepaid wireless 9-1-1 charge authorized by this Code section. The ordinance or resolution specified herein shall specify an effective date of January 1, 2012, and impose a fee prepaid wireless 9-1-1 charge in the amount specified in paragraph (1) of subsection (b) of this Code section. The filing required by this paragraph shall be a condition of the collection of the prepaid wireless 9-1-1 charge within any county or municipality.;

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(2)(A) Each county or municipality operating a public safety answering point that has levied the prepaid wireless 9-1-1 charge authorized by this Code section and complied with the filing requirement of paragraph (1) of this subsection shall receive an amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending on June 30 times a fraction, the numerator of which is the population of the jurisdiction or jurisdictions operating the public safety answering point and the denominator of which is the total population of the this state. An amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending on June 30 times a fraction, the numerator of which is the total population of any jurisdiction or jurisdictions operating public safety answering points that have not complied with the filing requirement of paragraph (1) of this subsection and the denominator of which is the total population of this state, shall be deposited as provided in paragraph (5) of this subsection. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the initial distribution shall be calculated using the total amount remitted to the commissioner during the six-month period beginning January 1, 2012, and ending June 30, 2012. (C) For the purposes of this paragraph, population shall be measured by the United States decennial census of 2010 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such charges by the commissioner and any official census data received by the commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Such corrections, revisions, or additional data shall be certified to the commissioner by the Office of Planning and Budget on or before August 31 of each year.; (3) Funds shall be distributed annually on or before October 15 of each year. Such distribution shall include any delinquent charges actually collected by the commissioner for a previous fiscal year which have not been previously distributed.; (4) Prior to calculating the distributions to county and municipal governments as provided in this subsection, the commissioner shall subtract an amount, not to exceed 2 percent of remitted charges, to defray the cost of administering and distributing funds from the prepaid wireless 9-1-1 charge. Such amount shall be paid into the general fund of the state treasury.; (5) Funds distributed to a county or municipality pursuant to this Code section shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund, maintained by the local government pursuant to paragraph (2) of subsection (d) of Code Section 46-5-134. The commissioner shall deposit all funds received pursuant to paragraph (2) of subsection (b) of this Code section, other than the funds received pursuant to paragraph (4) of this subsection, into the general fund of the state treasury in compliance with Article 4 of Chapter 12 of Title 45, the 'Budget Act.' It is the intention of the General Assembly, subject to

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the appropriation process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in this paragraph be appropriated each year to a program of state grants to counties and municipalities administered by the department for the purpose of supporting the operations of public safety answering points in the improvement of 9-1-1 service delivery. The department shall promulgate rules and regulations for the administration of the 9-1-1 grant program.; and (6) Notwithstanding a county's or municipality's failure to comply with the filing requirement of paragraph (1) of this subsection prior to January 1, 2012, a county or municipality that subsequently meets such filing requirements prior to January 1 of any subsequent year shall become eligible to participate in the next succeeding distribution of proceeds pursuant to subparagraph (A) of paragraph (2) of this subsection. (k)(1) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of, or failure to provide, 9-1-1 or enhanced 9-1-1 service, or for identifying, or failing to identify, the telephone number, address, location, or name associated with any person or device that is accessing or attempting to access 9-1-1 or enhanced 9-1-1 service. (2) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of any lawful assistance to any investigative or law enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state in connection with any lawful investigation or other law enforcement activity by such law enforcement officer. (3) In addition to the liability provisions of paragraphs (1) and (2) of this subsection, the provisions of Code Section 46-5-135 shall apply to sellers and providers of prepaid wireless telecommunications service. (l) The prepaid wireless 9-1-1 charge authorized by this Code section shall be the only 9-1-1 funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge, or other charge shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency for 9-1-1 funding purposes upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood
Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway Y Brooks E Bruce Y Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas
Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey E Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J E Evans Y Floyd Y Fludd E Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G
Manning Y Marin Y Martin Y Maxwell E Mayo

Y McBrayer Y McCall Y McKillip Y Meadows E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J E Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders Y Scott, M Y Scott, S Y Setzler

Y Shaw Y Sheldon Y Sims, B E Sims, C E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Spencer
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas
VACANT Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative O'Neal of the 146th moved that the House do now adjourn until 9:30 o'clock, A.M., Wednesday, March 7, 2012, and the motion prevailed.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker announced the House adjourned until 9:30 o'clock, A.M., Wednesday, March 7, 2012.